Part 4Public health functions of health boards

Compensation

I156Compensation for voluntary compliance with request

1

A health board must compensate any person who, although not subject to an order mentioned in subsection (2), suffers any loss caused by complying with a request by the board to the person to—

a

be quarantined in a place specified by the board;

b

be excluded from entering or remaining in a place, or type of place, so specified; or

c

refrain from carrying on any activity, or type of activity, so specified.

2

The orders referred to in subsection (1) are—

a

an exclusion order;

b

a restriction order;

c

a quarantine order.

3

A request by a health board under subsection (1)—

a

is to be made by notice in writing given to the person; and

b

must specify the matter mentioned in subsection (1)(a), (b) or, as the case may be, (c).

4

Subsection (1) does not apply where the loss is attributable to the fault of the person claiming the loss.

5

Any dispute as to—

a

a person's entitlement to compensation under this section; or

b

the amount of such compensation,

is to be determined by a single arbiter appointed by agreement between the board and the person claiming loss or, if such agreement cannot be reached, by the sheriff.

6

The Scottish Ministers may, by regulations, make further provision about compensation to which this section applies.