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.