Part 4Public health functions of health boards
Compensation
56Compensation for voluntary compliance with request
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.
57Compensation for persons subject to certain orders
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.
58Compensation for carers
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.