Part 4Public health functions of health boards
Removal to and detention in hospital
I144Application where long term detention in hospital necessary
1
This section applies where—
a
a person is detained in hospital by virtue of a short term detention order; and
b
the health board which applied for the short term detention order is satisfied that—
i
the conditions mentioned in subsection (2)(a) and (b) continue to apply;
ii
it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be detained in hospital; and
iii
it is necessary, to avoid or minimise that risk, for the person to be so detained for a period exceeding the maximum period for which a person could be detained by virtue of the short term detention order were that order to be extended under section 49(5)(a) (the “short term maximum period”).
2
The conditions referred to in subsection (1)(b)(i) are—
a
that the person to whom the order applies—
i
has an infectious disease; or
ii
is contaminated; and
b
that as a result there is a significant risk to public health.
3
The board may apply to any sheriff for the board's area for an order under section 45(1) (an “exceptional detention order”).
4
An application under subsection (3) must—
a
specify—
i
the person in relation to whom the order is sought;
ii
why the board considers it necessary for the person to continue to be detained in hospital;
iii
why the board considers it necessary for the person to be so detained for a period exceeding the short term maximum period;
iv
the hospital in which it is proposed to detain the person;
v
the period for which it is proposed to detain the person;
vi
the steps (if any) mentioned in section 46(2) which the board considers it necessary to take in relation to the person;
vii
whether an explanation has been given under section 31(3) or (5);
viii
where such an explanation has been given, any response made by or representations made on behalf of the person in relation to whom the order is sought;
ix
where no such explanation has been given, the reason why; and
b
include a certificate—
i
stating that a health board competent person from another health board's area is satisfied as to the matters mentioned in subsection (1); and
ii
signed by that person.