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This is the original version (as it was originally enacted).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