Public Health etc. (Scotland) Act 2008 Explanatory Notes

  • Explanatory Notes Table of contents

  1. Introduction

  2. The Act – Overview

    1. Part 1

      Public Health Responsibilities

      1. The Scottish Ministers

        1. Section 1 Duty of Scottish Ministers to protect public health

      2. Health boards

        1. Section 2 Duty of health boards to protect public health

        2. Section 3 Designation of competent persons by health boards

      3. Local authorities

        1. Section 4 Duty of local authorities to protect public health

        2. Section 5 Designation of competent persons by local authorities

      4. Co-operation and planning

        1. Section 6 Duty of health boards and local authorities to co-operate

        2. Section 7 Joint public health protection plans

      5. Power of Scottish Ministers to intervene

        1. Section 8 Power to direct health boards and local authorities

        2. Section 9 Power to direct that functions be exercised by other persons

        3. Section 10 Directions under section 9(1): supplementary

        4. Section 11 Power to direct allocation of resources

    2. Part 2

      Notifiable Diseases, Notifiable Organisms and Health Risk States

      1. Notifiable diseases and organisms

        1. Section 12 Lists of notifiable diseases and notifiable organisms

      2. Duties to notify

        1. Section 13 Notifiable diseases: duties on registered medical practitioners

        2. Section 14 Health risk states: duties on registered medical practitioners

        3. Section 15 Notifiable diseases and health risk states: duties on health boards

        4. Section 16 Notifiable organisms: duties on directors of diagnostic laboratories

      3. Offences

        1. Section 17 Notifiable organisms: offences

      4. Supplementary provision

        1. Section 18 Electronic notification

        2. Section 19 Notifiable diseases etc.: further provision

    3. Part 3

      Public Health Investigations

      1. Public health investigations

        1. Section 20 Public health incidents

        2. Section 21 Public health investigations

      2. Investigators’ powers

        1. Section 22 Powers relating to entry to premises

        2. Section 23 Other investigatory powers

        3. Section 24 Power to ask questions

        4. Section 25 Supplementary

        5. Section 26 Entry to dwellinghouses

        6. Section 27 18Public health investigation warrants

        7. Section 28 Use of powers in emergencies

      3. Offences

        1. Section 29 Public health investigation offences

      4. Compensation

        1. Section 30 Public health investigations: compensation

    4. Part 4

      Public Health Functions of Health Boards

      1. Duty to give explanation

        1. Section 31 Duty of health boards to give explanation of need for action

        2. Section 32 Relevant actions

      2. Medical examinations

        1. Section 33 Application to have person medically examined

        2. Section 34 Order for medical examination

        3. Section 35 Medical examination: least invasive and least intrusive procedures

        4. Section 36 Medical examination of groups

      3. Exclusion orders and restriction orders

        1. Section 37 Exclusion orders

        2. Section 38 Restriction orders

      4. Quarantine

        1. Section 39 Application to have person quarantined

        2. Section 40 Quarantine orders

      5. Removal to and detention in hospital

        1. Section 41 Application to have person detained in hospital

        2. Section 42 Order for removal to and detention in hospital

        3. Section 43 Order for detention in hospital

        4. Section 44 Application where long term detention in hospital necessary

        5. Section 45 Exceptional detention order

      6. Quarantine and detention: steps that may be taken

        1. Section 46 Authorised steps

        2. Section 47 Authorised steps: least invasive and least intrusive procedures

      7. Variation and extension of orders

        1. Section 48 Variation of exclusion and restriction orders

        2. Section 49 Extension of quarantine and hospital detention orders

        3. Section 50 Application for variation of quarantine and hospital detention orders

        4. Section 51 Variation of quarantine and hospital detention orders

      8. Review of orders

        1. Section 52 Duty to review exclusion and restriction orders

        2. Section 53 Duty to keep exclusion and restriction orders under review

        3. Section 54 Duty to keep quarantine orders under review

        4. Section 55 Duty to keep hospital detention orders under review

      9. Compensation

        1. Section 56 Compensation for voluntary compliance with request

        2. Section 57 Compensation for persons subject to certain orders

        3. Section 58 Compensation for carers

      10. Recall of orders granted in absence

        1. Section 59 Recall of orders granted in absence of person to whom application relates

      11. Appeals

        1. Section 60 Appeal against order for medical examination

        2. Section 61 Appeal against exclusion orders and restriction orders

        3. Section 62 Appeal against quarantine and hospital detention orders

        4. Section 63 Exclusion orders and restriction orders: further appeal to sheriff principal

        5. Section 64 Appeal to Court of Session

        6. Section 65 Effect of appeal under section 61, 62, 63 or 64

      12. Breach of orders and offences

        1. Section 66 Absconding from quarantine

        2. Section 67 Absconding from hospital

        3. Section 68 Obstruction

        4. Section 69 Offences arising from breaches of orders under this Part

        5. Section 70 Failure to ensure child’s compliance with order

      13. Procedure

        1. Section 71 Applications and appeals

    5. Part 5

      Public Health Functions of Local Authorities

      1.  Facilities for disinfection etc.

        1. Section 72 Provision of facilities for disinfection etc.

      2. Disinfection etc. of premises and things

        1. Section 73 Notice on occupier or owner of infected etc. premises or things

        2. Section 74 Inspection of premises in relation to which notice served

        3. Section 75 Failure to comply with notice

        4. Section 76 Power of local authority to disinfect etc. premises or things

        5. Section 77 Entry to dwellinghouses

        6. Section 78 Warrant to enter and take steps

        7. Section 79 Use of powers in emergencies

      3. Offences

        1. Section 80 Obstruction

      4. Recovery of expenses

        1. Section 81 Recovery of expenses

      5. Compensation

        1. Section 82 Compensation

      6. Appeals

        1. Section 83 Appeals against notices under this Part

        2. Section 84 Appeal to sheriff principal

        3. Section 85 Appeal to Court of Session

      7. Existing functions

        1. Section 86 Application of this Part where other functions being exercised

    6. Part 6

      Mortuaries Etc.

      1. Provision of mortuaries

        1. Section 87 Provision of mortuaries by local authorities

        2. Section 88 Provision of mortuaries by health boards

        3. Section 89 Co-operation by local authorities and health boards

      2. Protection of public from risks arising from bodies

        1. Section 90 Restriction on release of infected etc. bodies from hospital

        2. Section 91 Duty of health board where infected etc. person dies

        3. Section 92 Application for order in relation to bodies retained in premises

        4. Section 93 Power of sheriff to order removal to mortuary and disposal

    7. Part 7

      International Travel

      1. Section 94 International Travel

    8. Part 8

      Regulation of Provision of Sunbeds

      1. Offences

        1. Section 95 Prohibition on allowing use of sunbeds by persons under 18

        2. Section 96 Prohibition on sale or hire of sunbeds to persons under 18

        3. Section 97 Remote sale or hire of sunbeds

        4. Section 98 Prohibition on allowing unsupervised use of sunbeds

        5. Section 99 Medical use of sunbeds

        6. Section 100 Duty to provide information to sunbed users

        7. Section 101 Duty to display information notice

      2. Enforcement

        1. Section 102 Power to enter premises

        2. Section 103 Power to enter premises: entry to dwellinghouses

        3. Section 104 Power to require identification of operator

        4. Section 105 Fixed penalties for offences under section 95, 98, 100 or 101

        5. Section 106 Withdrawal of notices

        6. Section 107 Penalties for offences under Part 8

      3. Interpretation

        1. Section 108 Interpretation of Part 8

    9. Part 9

      Statutory Nuisances

      1. Section 109 Insect nuisance

      2. Section 110 Artificial light nuisance

      3. Section 111 Statutory nuisance: land covered with water

      4. Section 112 Power to make further provision regarding statutory nuisances

      5. Section 113 Enforcement of statutory nuisances: fixed penalty notice

      6. Section 114 Procedure for regulations

      7. Section 115 Sewerage nuisance: local authority powers

    10. Part 10

      General and Miscellaneous

      1. General and miscellaneous

        1. Section 116 Equal opportunities

        2. Section 117 Disclosure of information

        3. Section 118 Liability of persons exercising functions

        4. Section 119 Offences by bodies corporate etc.

        5. Section 120 Penalties for offences under this Act

        6. Section 121 Form of applications etc.

        7. Section 122 Regulations and orders

        8. Section 123 Meaning of “premises”

        9. Section 124 Interpretation

        10.  Section 125 Minor and consequential amendments

        11. Section 126 Repeals, revocations and saving

        12. Section 127 Crown application

        13. Section 128 Short title and commencement

        14. Schedule 1 Lists of notifiable diseases and notifiable organisms

        15. Schedule 2 Minor and consequential amendments

        16. Schedule 3 Repeals and revocations

  3. Parliamentary History

  • Explanatory Notes Table of contents

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