Public Health etc. (Scotland) Act 2008

Prospective

58Compensation for carersS

This sectionnoteType=Explanatory Notes has no associated

(1)This section applies where a person (the “relevant person”)—

(a)is subject to—

(i)an exclusion order;

(ii)a restriction order; or

(iii)a quarantine order; or

(b)although not subject to such an order, complies with a request mentioned in section 56.

(2)The health board must compensate a person (a “carer”) mentioned in subsection (3) who, as a result of the relevant person being subject to the order or, as the case may be, complying with the request—

(a)requires to care for the relevant person or, where the carer normally cares for the relevant person, requires to provide more care; and

(b)incurs loss as a result of so doing.

(3)A carer is—

(a)where the relevant person is 16 or over, a person who is 16 or over and who cares for the relevant person otherwise than—

(i)by virtue of a contract of employment or other contract with any person; or

(ii)as a volunteer for a voluntary organisation;

(b)where the relevant person is under 16, such a person or a parent of the relevant person who has day-to-day care or control of the relevant person.

(4)Any dispute as to—

(a)a carer's entitlement to compensation under this section; or

(b)the amount of such compensation,

is to be determined by a single arbiter appointed by agreement between the board and the carer or, if such agreement cannot be reached, by the sheriff.

(5)The Scottish Ministers may, by regulations, make further provision about compensation to which this section applies.