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Public Health etc. (Scotland) Act 2008

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Commencement Orders yet to be applied to the Public Health etc. (Scotland) Act 2008

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

Prospective

Review of ordersS

52Duty to review exclusion and restriction ordersS

(1)This section applies where a person is subject to—

(a)an exclusion order; or

(b)a restriction order.

(2)Without prejudice to section 53(2), a health board competent person of the appropriate health board must, during the period of 1 week ending with the relevant day, consider whether—

(a)the conditions mentioned in subsection (3)(a) and (b) continue to apply; and

(b)it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be subject to the order.

(3)The conditions referred to in subsection (2)(a) are—

(a)that the person—

(i)has an infectious disease;

(ii)has been exposed to an organism which causes such a disease;

(iii)is contaminated; or

(iv)has been exposed to a contaminant; and

(b)that as a result there is a significant risk to public health.

(4)If, having considered the matters mentioned in subsection (2)(a) and (b), the competent person is not satisfied—

(a)that the conditions mentioned in subsection (3)(a) and (b) continue to apply; or

(b)that it continues to be necessary for the person to be subject to the order,

the competent person must revoke it.

(5)In subsection (2)—

  • appropriate health board” has the same meaning as in section 48(5);

  • relevant day” means—

    (a)

    the last day of the period of 3 weeks beginning with the day on which the order is made; and

    (b)

    where that 3-week period has expired, the last day of each subsequent 3-week period.

53Duty to keep exclusion and restriction orders under reviewS

(1)This section applies where a person is subject to—

(a)an exclusion order; or

(b)a restriction order.

(2)Without prejudice to section 52(2), a health board competent person of the appropriate health board must, if requested to do so by the person to whom the order applies, and from time to time, consider whether—

(a)the conditions mentioned in section 52(3)(a) and (b) continue to apply; and

(b)it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be subject to the order.

(3)If, having considered the matters mentioned in subsection (2)(a) and (b), the competent person is not satisfied—

(a)that the conditions mentioned in section 52(3)(a) and (b) continue to apply; or

(b)that it continues to be necessary for the person to be subject to the order,

the competent person must revoke it.

(4)In subsection (2), the “appropriate health board” has the same meaning as in section 48(5).

54Duty to keep quarantine orders under reviewS

(1)This section applies where a person is subject to a quarantine order.

(2)A health board competent person of the health board which applied for the order must, if requested to do so by the person to whom the order applies, and from time to time, consider whether—

(a)the conditions mentioned in subsection (3)(a) and (b) continue to apply; and

(b)it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be subject to the order.

(3)The conditions referred to in subsection (2)(a) are—

(a)that it is known, or there are reasonable grounds to suspect, that the person—

(i)has an infectious disease;

(ii)has been exposed to an organism which causes such a disease;

(iii)is contaminated; or

(iv)has been exposed to a contaminant; and

(b)that as a result there is or may be a significant risk to public health.

(4)If, having considered the matters mentioned in subsection (2)(a) and (b), the competent person is not satisfied—

(a)that the conditions mentioned in subsection (3)(a) and (b) continue to apply; or

(b)that it continues to be necessary for the person to be subject to the order,

the competent person must revoke the order.

55Duty to keep hospital detention orders under reviewS

(1)This section applies where a person is subject to—

(a)a short term detention order; or

(b)an exceptional detention order.

(2)A health board competent person of the health board which applied for the order must, if requested to do so by the person to whom the order applies, and from time to time, consider whether—

(a)the conditions mentioned in subsection (3)(a) and (b) continue to apply; and

(b)it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be detained in hospital.

(3)The conditions referred to in subsection (2)(a) are—

(a)that the person—

(i)has an infectious disease; or

(ii)is contaminated;

(b)that as a result there is a significant risk to public health.

(4)If, having considered the matters mentioned in subsection (2)(a) and (b), the competent person is not satisfied—

(a)that the conditions mentioned in subsection (3)(a) and (b) continue to apply; or

(b)that it continues to be necessary for the person to be detained in hospital,

the competent person must revoke the order.

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