Public Health etc. (Scotland) Act 2008

[F1 86B Public health protection regulations: public health declarations S

(1) Regulations under section 86A(1) which are responding to a particular infection or contamination may be made only when a public health declaration under this section has effect.

(2) A public health declaration means a declaration by the Scottish Ministers that they consider that—

(a) an infectious disease or contaminant constitutes or may constitute a danger to human health, and

(b) the making of regulations under section 86A(1) may be a way of protecting against that danger.

(3) Before making a public health declaration, the Scottish Ministers must consult the Chief Medical Officer of the Scottish Administration or another person designated for the purposes of this section by the Scottish Ministers.

(4) A public health declaration has effect if—

(a) it is made by the Scottish Ministers,

(b) either—

(i) it is approved in accordance with subsection (6), or

(ii) a statement under section 86C(1) is made, and

(c) it has not ceased to have effect in accordance with subsection (10).

(5) The Scottish Ministers must publish a public health declaration in such manner as they consider appropriate.

(6) A public health declaration is approved if—

(a) the Scottish Ministers lay a copy of the declaration before the Scottish Parliament,

(b) a member of the Scottish Government lodges a motion that the declaration be approved, and

(c) the Parliament agrees to the motion.

(7) A motion under subsection (6)(b) may not be amended.

(8) The Scottish Ministers must publish notice of the approval of a public health declaration and the time at which the declaration has effect, in such manner as they consider appropriate.

(9) If, during the period that a public health declaration has effect, the Scottish Ministers consider that paragraphs (a) and (b) of subsection (2) no longer apply, they must—

(a) revoke the declaration,

(b) lay notice of revocation before the Scottish Parliament, and

(c) publish notice of revocation in such manner as the Scottish Ministers consider appropriate.

(10) A public health declaration ceases to have effect immediately after it is revoked.

(11) A public health declaration’s ceasing to have effect neither—

(a) affects anything done before the declaration ceased to have effect, nor

(b) prevents the making of regulations revoking regulations made during the period that the declaration had effect.]

Textual Amendments

F1 Pt. 5A inserted (1.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 1(2), 59(1)