Part 4Public health functions of health boards

Variation and extension of orders

I148Variation of exclusion and restriction orders

1

This section applies where a person is subject to—

a

an exclusion order; or

b

a restriction order.

2

A health board competent person of the appropriate health board may, if that person considers it appropriate, modify the order—

a

in the case of an exclusion order, by varying the place, or type of place, from which the person is excluded;

b

in the case of a restriction order, by varying the activity, or type of activity, which the person is prohibited from carrying on; and

c

in either case—

i

where the order imposed no conditions on the person, by imposing such conditions; or

ii

in any other case, by modifying any conditions imposed on the person.

3

In subsection (2)(c)(ii), modifying conditions means—

a

adding;

b

varying; or

c

removing,

a condition.

4

The competent person must give notice of the modification made to—

a

the person to whom the order applies; and

b

any other person to whom the order was notified under section 37(4)(c) or, as the case may be, 38(4)(c).

5

In subsection (2), “appropriate health board” means the board which designated the health board competent person who made the order.