Coronavirus Act 2020

Powers exercisable after assessment

35 (1) This paragraph applies where, during a transmission control period—

(a) a person in Scotland has been screened and assessed by a public health officer (under paragraph 30 or otherwise) and—

(i) the screening confirmed that the person is infected or contaminated with coronavirus, or

(ii) the screening was inconclusive, or

(b) a person in Scotland has been assessed by a public health officer (under paragraph 30 or otherwise) and the officer has reasonable grounds to suspect that the person is potentially infectious.

(2) A public health officer may at any time during the transmission control period impose such requirements and restrictions on the person as the officer considers necessary and proportionate—

(a) in the interests of the person,

(b) for the protection of other people, or

(c) for the maintenance of public health.

(3) Requirements under this paragraph may include requirements—

(a) to provide information to the public health officer or any specified person;

(b) to provide details by which the person may be contacted during a specified period;

(c) to go for the purposes of further screening and assessment to a specified place suitable for those purposes and do anything that may be required under paragraph 30(1);

(d) to remain at a specified place (which may be a place suitable for screening and assessment) for a specified period;

(e) to remain at a specified place in isolation from others for a specified period.

(4) Restrictions on a person under this paragraph may include restrictions, for a specified period, on—

(a) the person’s movements or travel (within or outside the United Kingdom);

(b) the person’s activities (including their work or business activities);

(c) the person’s contact with other persons or with other specified persons.

(5) Where a public health officer imposes a requirement or restriction on a person under this paragraph, the officer must inform the person—

(a) of the reason for doing so, and

(b) that it is an offence to fail to comply with the requirement or restriction.

(6) In deciding whether to impose a requirement referred to in sub-paragraph (3)(d) or (e) the public health officer must have regard to a person’s wellbeing and personal circumstances.

(7) A public health officer may vary or revoke a requirement or restriction imposed on a person (but may only extend the period to which a requirement referred to in sub-paragraph (3)(d) or (e) or a restriction relates in accordance with paragraph 36).