- Latest available (Revised)
- Original (As enacted)
Public Health etc. (Scotland) Act 2008, Section 51 is up to date with all changes known to be in force on or before 17 February 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The sheriff may, if satisfied as to the matters mentioned in subsection (2) and that it is appropriate to do so, make an order modifying the order to which the application relates—
(a)in the case of a quarantine order, by—
(i)varying the place in which the person is to be quarantined;
(ii)adding, varying or removing conditions;
(b)in the case of a short term detention order or an exceptional detention order, by varying the hospital in which the person is detained;
(c)in either case, by adding or removing any step such as is mentioned in section 46(2).
(2)The matters referred to in subsection (1) are—
(a)the matters mentioned in section 40(2)(a) and (b)(i), 42(2)(a) and (b)(i), 43(2)(a) and (b)(i) or, as the case may be, 45(2)(a); and
(b)that it is necessary, to avoid or minimise a risk to public health, for the person to continue to be quarantined or, as the case may be, detained in hospital.
(3)An order modified by virtue of subsection (1) has effect as so modified from the time at which the order under that subsection is made.
(4)Where the modification under subsection (1) varies the place in which a person is to be quarantined or, as the case may be, the hospital in which a person is to be detained, the order as so modified authorises—
(a)the removal of the person to that place or, as the case may be, hospital, by—
(i)a constable;
(ii)an officer of the health board;
(iii)an officer of a local authority; or
(iv)any other person the sheriff considers appropriate; and
(b)the quarantining of the person in that place or, as the case may be, the detention of that person in that hospital.
(5)An order under subsection (1) must—
(a)specify—
(i)the person to whom the order modified by virtue of that subsection applies; and
(ii)the modification made by virtue of that subsection; and
(b)be notified to—
(i)the person to whom the order applies;
(ii)any person to whom an explanation was given under section 31(5); and
(iii)any other person the sheriff considers appropriate.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Commencement Information
I1S. 51 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: