Search Legislation

Public Health etc. (Scotland) Act 2008

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 16

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Public Health etc. (Scotland) Act 2008, Section 16. Help about Changes to Legislation

Close

Changes to Legislation

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.

16Notifiable organisms: duties on directors of diagnostic laboratoriesS

This section has no associated Explanatory Notes

(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—

    (a)

    the clinical microbiologist, consultant pathologist or other registered medical practitioner or other person in charge of a diagnostic laboratory; or

    (b)

    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

Commencement Information

I1S. 16 in force at 1.1.2010 by S.S.I. 2009/404, art. 2(3), Sch. 3

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

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.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources