Search Legislation

Public Health etc. (Scotland) Act 2008

Status:

This is the original version (as it was originally enacted).

29Public health investigation offences

This section has no associated Explanatory Notes

(1)A person commits an offence if the person, without reasonable excuse—

(a)fails to comply with a requirement imposed under section 22, 23, 24 or 25;

(b)intentionally obstructs an investigator in the exercise of powers under those sections;

(c)fails or refuses to—

(i)provide facilities or assistance;

(ii)provide information; or

(iii)permit inspection,

where it is reasonably required by an investigator exercising powers under those sections;

(d)prevents any other person from—

(i)appearing before an investigator; or

(ii)answering a question to which an investigator may require an answer pursuant to section 24(1);

(e)in purported compliance with a requirement imposed under section 24(1)—

(i)makes a statement which the person knows to be false or misleading in a material particular;

(ii)recklessly makes a statement which is false or misleading in a material particular; or

(iii)intentionally fails to disclose any material particular;

(f)causes or permits another person to commit an offence under paragraphs (a) to (e).

(2)In proceedings for an offence under subsection (1), it is a defence for a person to prove that the person exercised all due diligence and took all reasonable steps to avoid committing the offence.

(3)Where the commission by a person of an offence under subsection (1) is due to the act or omission of another person, that other person may be charged with and convicted of the offence whether or not proceedings for the offence are taken against the first person.

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

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

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

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