- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Public Health etc. (Scotland) Act 2008, Cross Heading: Compensation.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)A health board must compensate any person who, although not subject to an order mentioned in subsection (2), suffers any loss caused by complying with a request by the board to the person to—
(a)be quarantined in a place specified by the board;
(b)be excluded from entering or remaining in a place, or type of place, so specified; or
(c)refrain from carrying on any activity, or type of activity, so specified.
(2)The orders referred to in subsection (1) are—
(a)an exclusion order;
(b)a restriction order;
(c)a quarantine order.
(3)A request by a health board under subsection (1)—
(a)is to be made by notice in writing given to the person; and
(b)must specify the matter mentioned in subsection (1)(a), (b) or, as the case may be, (c).
(4)Subsection (1) does not apply where the loss is attributable to the fault of the person claiming the loss.
(5)Any dispute as to—
(a)a person's entitlement to compensation under this section; or
(b)the amount of such compensation,
is to be determined by a single arbiter appointed by agreement between the board and the person claiming loss or, if such agreement cannot be reached, by the sheriff.
(6)The Scottish Ministers may, by regulations, make further provision about compensation to which this section applies.
Modifications etc. (not altering text)
C1S. 56 modified (temp.) (24.3.2022 until the end of 31.10.2022) by Coronavirus (Discretionary Compensation for Self-isolation) (Scotland) Act 2022 (asp 2), ss. 1(2), 6 (with ss. 2-4)
Commencement Information
I1S. 56 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1
(1)A health board may compensate any person—
(a)who is subject to—
(i)an exclusion order;
(ii)a restriction order; or
(iii)a quarantine order; and
(b)who incurs any loss caused by complying with the order.
(2)Subsection (1) does not apply where the loss is attributable to the fault of the person claiming the loss.
(3)Any dispute as to—
(a)a person's entitlement to compensation under this section; or
(b)the amount of such compensation,
is to be determined by a single arbiter appointed by agreement between the board and the person claiming loss or, if such agreement cannot be reached, by the sheriff.
(4)The Scottish Ministers may, by regulations, make further provision about compensation to which this section applies.
Commencement Information
I2S. 57 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1
(1)This section applies where a person (the “relevant person”)—
(a)is subject to—
(i)an exclusion order;
(ii)a restriction order; or
(iii)a quarantine order; or
(b)although not subject to such an order, complies with a request mentioned in section 56.
(2)The health board must compensate a person (a “carer”) mentioned in subsection (3) who, as a result of the relevant person being subject to the order or, as the case may be, complying with the request—
(a)requires to care for the relevant person or, where the carer normally cares for the relevant person, requires to provide more care; and
(b)incurs loss as a result of so doing.
(3)A carer is—
(a)where the relevant person is 16 or over, a person who is 16 or over and who cares for the relevant person otherwise than—
(i)by virtue of a contract of employment or other contract with any person; or
(ii)as a volunteer for a voluntary organisation;
(b)where the relevant person is under 16, such a person or a parent of the relevant person who has day-to-day care or control of the relevant person.
(4)Any dispute as to—
(a)a carer's entitlement to compensation under this section; or
(b)the amount of such compensation,
is to be determined by a single arbiter appointed by agreement between the board and the carer or, if such agreement cannot be reached, by the sheriff.
(5)The Scottish Ministers may, by regulations, make further provision about compensation to which this section applies.
Modifications etc. (not altering text)
C2S. 58 modified (temp.) (24.3.2022 until the end of 31.10.2022) by Coronavirus (Discretionary Compensation for Self-isolation) (Scotland) Act 2022 (asp 2), ss. 1(3), 6 (with ss. 2-4)
Commencement Information
I3S. 58 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: