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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)This section applies where a person is subject to—
(a)a quarantine order;
(b)a short term detention order; or
(c)an exceptional detention order.
(2)A health board may, if it considers it appropriate, apply to the sheriff for an order under section 51(1) modifying the order.
(3)An application under subsection (2) must—
(a)specify—
(i)the order which it is proposed to modify;
(ii)the person to whom that order applies; and
(iii)the modification which it is proposed to make; and
(b)include a certificate such as is mentioned in subsection (4).
(4)That certificate is one—
(a)stating that a health board competent person is satisfied—
(i)as to the matters mentioned in section 40(2)(a) and (b)(i), 42(2)(a) and (b)(i), 43(2)(a) and (b)(i) or, as the case may be, 45(2)(a); and
(ii)that it is necessary, to avoid or minimise a risk to public health, for the person to continue to be quarantined or, as the case may be, detained in hospital; and
(b)signed by that person.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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