Search Legislation

Public Health etc. (Scotland) Act 2008

Status:

This is the original version (as it was originally enacted).

51Variation of quarantine and hospital detention orders

This section has no associated Explanatory Notes

(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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources