Part 4Public health functions of health boards

Review of orders

I153Duty to keep exclusion and restriction orders under review

1

This section applies where a person is subject to—

a

an exclusion order; or

b

a restriction order.

2

Without prejudice to section 52(2), a health board competent person of the appropriate health board must, if requested to do so by the person to whom the order applies, and from time to time, consider whether—

a

the conditions mentioned in section 52(3)(a) and (b) continue to apply; and

b

it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be subject to the order.

3

If, having considered the matters mentioned in subsection (2)(a) and (b), the competent person is not satisfied—

a

that the conditions mentioned in section 52(3)(a) and (b) continue to apply; or

b

that it continues to be necessary for the person to be subject to the order,

the competent person must revoke it.

4

In subsection (2), the “appropriate health board” has the same meaning as in section 48(5).