Public Health etc. (Scotland) Act 2008

53 Duty 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).