Part 4Public health functions of health boards

Removal to and detention in hospital

42Order 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.