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.