Public Health etc. (Scotland) Act 2008

39 Application to have person quarantined

(1) This section applies where—

(a) a health board knows or suspects that a person who is present in that board’s area—

(i) has an infectious disease;

(ii) has been exposed to an organism which causes such a disease;

(iii) is contaminated; or

(iv) has been exposed to a contaminant; and

(b) it appears to the board that as a result—

(i) there is or may be a significant risk to public health; and

(ii) it is necessary, to avoid or minimise that risk, for the person to be quarantined.

(2) The board may apply to any sheriff for the board’s area for an order under section 40(1) (a “quarantine order”).

(3) An application under subsection (2) must—

(a) specify—

(i) the person in relation to whom the quarantine order is sought;

(ii) why the board considers it necessary for the person to be quarantined;

(iii) the place in which it is proposed to quarantine the person;

(iv) the period for which it is proposed to quarantine the person;

(v) the steps (if any) mentioned in section 46(2) which the board considers it necessary to take in relation to the person;

(vi) the conditions (if any) which the board considers it is necessary to include in the order;

(vii) whether an explanation has been given under section 31(3) or (5);

(viii) where such an explanation has been given, any response made by or representations made on behalf of the person in relation to whom the order is sought;

(ix) where no such explanation has been given, the reason why; and

(b) include a certificate—

(i) stating that a health board competent person is satisfied as to the matters mentioned in subsection (1); and

(ii) signed by that person.

(4) In this Part, references to a person being “quarantined” are references to the person being detained in that person’s residence or in another place (not being a hospital); and cognate expressions are to be construed accordingly.