- Latest available (Revised)
- Original (As enacted)
There may be changes and effects to this Legislation not yet recorded or applied to the text
Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. More information is available about EU Legislation and UK Law. The following results are legislation items with 'EU Exit' in their title that directly reference and therefore may change this item of legislation. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Public Health etc. (Scotland) Act 2008. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)This section applies where a diagnostic laboratory identifies a notifiable organism.
(2)The director of the laboratory must, before the expiry of the period of 10 days beginning with the day of identification, provide to the persons mentioned in subsection (5), in writing, the information mentioned in subsection (6) in so far as it is known to the director.
(3)Without prejudice to subsection (2), if the director considers that the case is urgent, the director must, as soon as reasonably practicable, orally provide to the persons mentioned in subsection (5)—
(a)the information mentioned in subsection (6) in so far as it is known to the director; and
(b)an explanation of why the director considers the case is urgent.
(4)In determining whether a case is urgent, the director must have regard to—
(a)the nature of the organism;
(b)the nature of the disease which that organism causes;
(c)the ease of transmission of that disease or organism;
(d)where known, the patient's circumstances (including age, sex and health); and
(e)any guidance issued by the Scottish Ministers.
(5)The persons referred to in subsections (2) and (3) are—
(a)the health board in whose area the diagnostic laboratory is situated; F1...
(b)the common services [F2agency; and]
[F3(c)Public Health Scotland.]
(6)The information referred to in subsections (2) and (3)(a) is—
(a)the name of the person to whom the identification relates;
(b)the person's address;
(c)the person's sex;
(d)the person's date of birth;
(e)the organism which has been identified; and
(f)the person's NHS identifier.
(7)Where—
(a)a health board receives information under subsection (2) or (3); and
(b)that information relates to a person who does not usually reside in the area of that board,
the board must without delay transmit that information to the health board for the area in which the person usually resides.
(8)For the purposes of subsection (1), a diagnostic laboratory identifies a notifiable organism where—
(a)the diagnostic laboratory identifies the organism; or
(b)the organism is identified by another laboratory under an arrangement with that diagnostic laboratory.
(9)Where subsection (8)(b) applies, the day of identification, for the purposes of subsection (2), is the day on which the diagnostic laboratory becomes aware of the identification by the other laboratory.
(10)In this section and section 17—
“diagnostic laboratory” means an institution (or facility within an institution) which is equipped with apparatus and reagents for the performance of diagnostic tests for human infections; and
“director” of a diagnostic laboratory means—
the clinical microbiologist, consultant pathologist or other registered medical practitioner or other person in charge of a diagnostic laboratory; or
any other person working in the diagnostic laboratory to whom the function of making a notification under this section has been delegated by the person mentioned in paragraph (a).
Textual Amendments
F1Word in s. 16(5)(a) omitted (1.4.2020) by virtue of The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(3)(b), sch. 2 para. 6(3)(a) (with art. 4(4)(5))
F2Words in s. 16(5)(b) substituted (1.4.2020) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(3)(b), sch. 2 para. 6(3)(b) (with art. 4(4)(5))
F3S. 16(5)(c) inserted (1.4.2020) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(3)(b), sch. 2 para. 6(3)(c) (with art. 4(4)(5))
Commencement Information
I1S. 16 in force at 1.1.2010 by S.S.I. 2009/404, art. 2(3), Sch. 3
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: