Public Health etc. (Scotland) Act 2008

55 Duty to keep hospital detention orders under review

(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.