Public Health etc. (Scotland) Act 2008

48 Variation of exclusion and restriction orders

(1) This section applies where a person is subject to—

(a) an exclusion order; or

(b) a restriction order.

(2) A health board competent person of the appropriate health board may, if that person considers it appropriate, modify the order—

(a) in the case of an exclusion order, by varying the place, or type of place, from which the person is excluded;

(b) in the case of a restriction order, by varying the activity, or type of activity, which the person is prohibited from carrying on; and

(c) in either case—

(i) where the order imposed no conditions on the person, by imposing such conditions; or

(ii) in any other case, by modifying any conditions imposed on the person.

(3) In subsection (2)(c)(ii), modifying conditions means—

(a) adding;

(b) varying; or

(c) removing,

a condition.

(4) The competent person must give notice of the modification made to—

(a) the person to whom the order applies; and

(b) any other person to whom the order was notified under section 37(4)(c) or, as the case may be, 38(4)(c).

(5) In subsection (2), “appropriate health board” means the board which designated the health board competent person who made the order.