Public Health etc. (Scotland) Act 2008

60Appeal against orders for medical examination

This section has no associated Explanatory Notes

(1)A person mentioned in subsection (2) may appeal to the sheriff principal against the making of an order under section 34(1) authorising the medical examination of a person.

(2)The person referred to in subsection (1) is—

(a)the person in relation to whom the order applies; or

(b)any person having an interest in the welfare of such a person.

(3)An appeal under this section must be made before the expiry of the period of 7 days beginning with the day on which the order appealed against is made.

(4)On an appeal under this section, the sheriff principal may—

(a)confirm the order;

(b)revoke the order;

(c)modify the order;

(d)where, before the appeal was made, the medical examination authorised by the order had been carried out, make an order declaring that the order was invalid;

(e)make such other order as the sheriff principal considers appropriate.

(5)The decision of the sheriff principal on an appeal under this section is final.