Public Health etc. (Scotland) Act 2008

42 Order for removal to and detention in hospital

(1) The sheriff may, if satisfied as to the matters mentioned in subsection (2), make an order authorising—

(a) the removal of a person to hospital by—

(i) a constable;

(ii) an officer of the health board;

(iii) an officer of a local authority; or

(iv) any other person the sheriff considers appropriate;

(b) the detention of the person in hospital; and

(c) the taking in relation to the person of such of the steps mentioned in section 46(2) (if any) as the sheriff considers appropriate.

(2) The matters referred to in subsection (1) are—

(a) that the person—

(i) has an infectious disease; or

(ii) is contaminated;

(b) that as a result—

(i) there is a significant risk to public health; and

(ii) it is necessary, to avoid or minimise that risk, for the person to be admitted to and detained in hospital; and

(c) that—

(i) before the application under section 41(2)(a) was made, the health board gave an explanation under section 31(3) or (5); or

(ii) where no such explanation was given, it was not reasonably practicable to do so.

(3) An order under subsection (1) has effect—

(a) from the time at which it is made;

(b) for such period, not exceeding 3 weeks beginning with the day on which the order is made, as the sheriff considers appropriate.

(4) An order under subsection (1) must—

(a) specify—

(i) the person to whom it applies;

(ii) the hospital to which the person is to be taken (and in which the person is to be detained);

(iii) the period for which the person is to be detained in hospital; and

(iv) the steps mentioned in section 46(2) (if any) which may be taken in relation to the person; and

(b) be notified to—

(i) the person to whom it applies;

(ii) any person to whom an explanation was given under section 31(5); and

(iii) any other person the sheriff considers appropriate.

(5) A person authorised under subsection (1)(a) to remove to hospital a person to whom an order under subsection (1) applies may enter any premises in which that person is present in order to execute the order.

(6) The power of entry in subsection (5)—

(a) may be exercised at any time; and

(b) includes power to use reasonable force.