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Public Health etc. (Scotland) Act 2008

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This is the original version (as it was originally enacted).

Disinfection etc. of premises and things

73Notice on occupier or owner of infected etc. premises or things

(1)This section applies where—

(a)a local authority knows or suspects that—

(i)any premises in its area are; or

(ii)any thing in or on such premises is,

infected, infested or contaminated; and

(b)it appears to the authority that as a result it is necessary, to prevent, or prevent the spread of, infectious disease or contamination, for one or more of the steps mentioned in subsection (2) to be taken.

(2)Those steps are—

(a)the—

(i)disinfection;

(ii)disinfestation; or

(iii)decontamination,

of the premises or of a thing in or on the premises;

(b)the destruction of such a thing;

(c)other connected operations in relation to such a thing or such premises.

(3)The authority may serve notice on the person who is—

(a)the occupier of the premises; or

(b)where the premises are unoccupied, the owner of them,

requiring that person to take one or more of the steps mentioned in subsection (2).

(4)Where—

(a)a notice is served under subsection (3)(a) on the occupier of premises; and

(b)that occupier is not the owner of those premises,

the authority must serve a copy of the notice on the owner.

(5)The authority may serve notice under subsection (3) only where a local authority competent person certifies that the person is satisfied as to the matters mentioned in subsection (1).

(6)A notice under subsection (3) must—

(a)specify the steps which the person on whom the notice is served must take;

(b)specify the period before the expiry of which those steps must be taken; and

(c)advise the person on whom the notice is served that, where that person fails to comply with the notice, the local authority may take those steps.

(7)Where, before the expiry of the period mentioned in subsection (6)(b), the person on whom the notice is served consents, an authorised officer may do anything that officer would, under section 75(2), be entitled to do.

(8)In this Part, “authorised officer” means an officer of the local authority authorised by it for the purposes of this section, section 74, 75, 76, 77, 78 or, as the case may be, 79.

74Inspection of premises in relation to which notice served

(1)This section applies where—

(a)a local authority serves notice under section 73(3); and

(b)the period mentioned in section 73(6)(b) expires.

(2)An authorised officer may—

(a)enter the premises for the purpose of ascertaining whether the steps specified in the notice have been taken;

(b)on entering premises by virtue of paragraph (a), take any other person authorised by the officer and, if the officer has reasonable cause to expect any serious obstruction in obtaining access, a constable.

(3)An authorised officer entitled to enter premises under subsection (2) must, if requested to do so, produce a document showing that officer’s authority.

(4)An authorised officer who enters any unoccupied premises by virtue of subsection (2) must leave the premises as effectively secured against unauthorised entry as the officer found them.

75Failure to comply with notice

(1)This section applies where—

(a)a local authority serves notice under section 73(3);

(b)the period mentioned in section 73(6)(b) expires; and

(c)the person on whom the notice is served fails to take the steps specified in the notice.

(2)An authorised officer may—

(a)enter the premises;

(b)on entering premises by virtue of paragraph (a), take any other person authorised by the officer and, if the officer has reasonable cause to expect any serious obstruction in obtaining access, a constable;

(c)direct that—

(i)those premises (or any part of them) are; or

(ii)any thing in or on them is,

to be left undisturbed (whether generally or in particular respects) for so long as the officer considers appropriate;

(d)take—

(i)any step specified in the notice; and

(ii)any other step mentioned in section 73(2) as that officer considers appropriate;

(e)remove any thing from the premises for the purpose of taking any such step at any other place.

(3)An authorised officer who enters any unoccupied premises by virtue of subsection (2)(a) must leave the premises as effectively secured against unauthorised entry as the officer found them.

76Power of local authority to disinfect etc. premises or things

(1)This section applies where—

(a)a local authority knows or suspects that—

(i)any premises in its area are; or

(ii)any thing in or on such premises is,

infected, infested or contaminated; and

(b)it appears to the authority that as a result—

(i)it is necessary, to prevent, or prevent the spread of, infectious disease or contamination, for one or more of the steps mentioned in section 73(2) to be taken; and

(ii)it is not reasonably practicable for any person on whom a notice under section 73(3) might be served to take those steps.

(2)The authority may serve notice on the person who is—

(a)the occupier of the premises; or

(b)where the premises are unoccupied, the owner of them,

requiring that person to give an authorised officer access to the premises or thing in order for any of the steps mentioned in section 73(2) to be taken.

(3)Where—

(a)a notice is served under subsection (2) on the occupier of premises; and

(b)the occupier is not the owner of those premises,

the authority must serve a copy of the notice on the owner.

(4)The local authority may serve notice under subsection (2) only where a local authority competent person certifies that the person is satisfied as to the matters in subsection (1).

(5)A notice under subsection (2) must—

(a)specify the steps which the authority proposes to take; and

(b)specify the period before the expiry of which those steps are to be taken.

(6)An authorised officer may—

(a)enter the premises;

(b)on entering premises by virtue of paragraph (a), take any other person authorised by the officer and, if the officer has reasonable cause to expect any serious obstruction in obtaining access, a constable;

(c)direct that—

(i)those premises (or any part of them) are; or

(ii)any thing in or on them is,

to be left undisturbed (whether generally or in particular respects) for so long as the officer considers appropriate;

(d)take—

(i)any step specified in the notice; and

(ii)any other step mentioned in section 73(2) as that officer considers appropriate; and

(e)remove any thing from the premises for the purpose of taking any such step at any other place.

(7)An authorised officer who enters any unoccupied premises by virtue of subsection (6)(a) must leave the premises as effectively secured against unauthorised entry as the officer found them.

77Entry to dwellinghouses

(1)Where an authorised officer proposes, in exercise of any power conferred by—

(a)section 74(2);

(b)section 75(2); or

(c)section 76(6),

to enter a dwellinghouse, the conditions set out in subsections (2) and (3) must be satisfied.

(2)The first condition is that the officer has given 48 hours' notice of the proposed entry to a person who appears to be the occupier of the dwellinghouse.

(3)The second condition is that—

(a)the person who appears to be the occupier of the dwellinghouse has consented; or

(b)entry is effected under the authority of a warrant issued under section 78(2).

(4)In this Part, “dwellinghouse” has the meaning given by section 26.

78Warrant to enter and take steps

(1)This section applies where—

(a)a person entitled to enter premises under this Part—

(i)has been refused entry; or

(ii)reasonably anticipates entry being refused;

(b)premises which such a person is entitled to enter are unoccupied;

(c)the occupier of such premises is temporarily absent and there is urgency; or

(d)a person entitled to enter premises under this Part—

(i)has been prevented from taking any step which that person is entitled under this Part to take; or

(ii)reasonably anticipates being prevented from doing so.

(2)The sheriff or a justice of the peace may, on the application of a local authority, by warrant authorise an officer of the authority—

(a)to enter the premises;

(b)on entering premises by virtue of paragraph (a), to take any other person authorised by the officer and, if the officer has reasonable cause to expect any serious obstruction in obtaining access, a constable;

(c)to direct that—

(i)those premises (or any part of them) are; or

(ii)any thing in or on them is,

to be left undisturbed (whether generally or in particular respects) for so long as the officer considers appropriate;

(d)to take any step mentioned in section 73(2);

(e)to remove any thing from the premises for the purpose of taking any such step at any other place.

(3)The sheriff or justice of the peace must not, under subsection (2), grant a warrant in relation to a dwellinghouse unless the sheriff or justice is satisfied that—

(a)notice has been given under section 77(2); and

(b)the period of notice has expired

(4)The power of entry in this section—

(a)may be exercised at any time; and

(b)includes power to use reasonable force.

(5)An authorised officer who enters any unoccupied premises by virtue of this section must leave the premises as effectively secured against unauthorised entry as the officer found them.

(6)A warrant under this section continues in force until the purpose for which it is issued is fulfilled.

79Use of powers in emergencies

(1)This section applies where—

(a)a local authority knows or suspects that—

(i)any premises in its area are; or

(ii)any thing in or on such premises is,

infected, infested or contaminated;

(b)it appears to the authority that as a result it is necessary, to prevent, or prevent the spread of, infectious disease or contamination, for one or more of the steps mentioned in section 73(2) to be taken; and

(c)the authority considers, on reasonable grounds, that there is an emergency.

(2)An authorised officer may enter the premises—

(a)whether or not a notice under section 73(3) or 76(2) has been served;

(b)where a notice under section 73(3) has been served, whether or not the period specified in the notice has expired.

(3)The authorised officer may enter premises by virtue of this section only where a local authority competent person certifies that the person is satisfied as to the matters in subsection (1).

(4)The power of entry which the officer has—

(a)may be exercised at any time; and

(b)includes power to use reasonable force.

(5)Where the premises in relation to which the officer proposes to exercise the power are a dwellinghouse, section 77 does not apply.

(6)The authorised officer may, on entering premises by virtue of this section—

(a)take any other person authorised by the officer and, if the officer has reasonable cause to expect any serious obstruction in obtaining access, a constable;

(b)direct that—

(i)those premises (or any part of them) are; or

(ii)any thing in or on them is,

to be left undisturbed (whether generally or in particular respects) for so long as the officer considers appropriate;

(c)take any step mentioned in section 73(2);

(d)remove any thing from the premises for the purpose of taking any such step at any other place.

(7)An authorised officer who enters any unoccupied premises by virtue of this section must leave the premises as effectively secured against unauthorised entry as the officer found them.

(8)This section applies despite the making of an appeal under section 83(1).

(9)In this section, there is an “emergency” if—

(a)there is a significant risk to public health; and

(b)the nature of that risk is such that immediate action is necessary to prevent, or prevent the spread of, infectious disease or contamination.

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