Public Health etc. (Scotland) Act 2008 (asp 5)

Part 4 S Public health functions of health boards

Removal to and detention in hospital S

41 Application to have person detained in hospital S

(1) This section applies where—

(a) a health board knows that a person who is present in that board's area—

(i) has an infectious disease; or

(ii) is contaminated; and

(b) it appears to the board that as a result—

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

(ii) it is necessary, to avoid or minimise that risk, for the person to be detained in hospital.

(2) The board may apply to any sheriff for the board's area—

(a) where the person is not in hospital, for an order under section 42(1);

(b) where the person is in hospital, for an order under section 43(1).

(3) An order referred to in subsection (2) is a “short term detention order”.

(4) An application under subsection (2) must—

(a) specify—

(i) the person in relation to whom the order is sought;

(ii) why the board considers it necessary for the person to be detained in hospital;

(iii) the hospital in which it is proposed to detain the person;

(iv) the period for which it is proposed to detain the person;

(v) the steps (if any) mentioned in section 46(2) which the board considers it necessary to take in relation to the person;

(vi) whether an explanation has been given under section 31(3) or (5);

(vii) where such an explanation has been given, any response made by or representations made on behalf of the person in relation to whom the order is sought;

(viii) where no such explanation has been given, the reason why; and

(b) include a certificate—

(i) stating that a health board competent person is satisfied as to the matters mentioned in subsection (1); and

(ii) signed by that person.

Commencement Information

I1 S. 41 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1