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Public Health etc. (Scotland) Act 2008

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This is the original version (as it was originally enacted).

79Use of powers in emergencies

This section has no associated Explanatory Notes

(1)This section applies where—

(a)a local authority knows or suspects that—

(i)any premises in its area are; or

(ii)any thing in or on such premises is,

infected, infested or contaminated;

(b)it appears to the authority that as a result it is necessary, to prevent, or prevent the spread of, infectious disease or contamination, for one or more of the steps mentioned in section 73(2) to be taken; and

(c)the authority considers, on reasonable grounds, that there is an emergency.

(2)An authorised officer may enter the premises—

(a)whether or not a notice under section 73(3) or 76(2) has been served;

(b)where a notice under section 73(3) has been served, whether or not the period specified in the notice has expired.

(3)The authorised officer may enter premises by virtue of this section only where a local authority competent person certifies that the person is satisfied as to the matters in subsection (1).

(4)The power of entry which the officer has—

(a)may be exercised at any time; and

(b)includes power to use reasonable force.

(5)Where the premises in relation to which the officer proposes to exercise the power are a dwellinghouse, section 77 does not apply.

(6)The authorised officer may, on entering premises by virtue of this section—

(a)take any other person authorised by the officer and, if the officer has reasonable cause to expect any serious obstruction in obtaining access, a constable;

(b)direct that—

(i)those premises (or any part of them) are; or

(ii)any thing in or on them is,

to be left undisturbed (whether generally or in particular respects) for so long as the officer considers appropriate;

(c)take any step mentioned in section 73(2);

(d)remove any thing from the premises for the purpose of taking any such step at any other place.

(7)An authorised officer who enters any unoccupied premises by virtue of this section must leave the premises as effectively secured against unauthorised entry as the officer found them.

(8)This section applies despite the making of an appeal under section 83(1).

(9)In this section, there is an “emergency” if—

(a)there is a significant risk to public health; and

(b)the nature of that risk is such that immediate action is necessary to prevent, or prevent the spread of, infectious disease or contamination.

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