SCHEDULES
SCHEDULE 21Powers relating to potentially infectious persons
PART 3Powers relating to potentially infectious persons in Scotland
Powers exercisable at a screening and assessment place: public health officers
29
1
Paragraphs 30 to 32 apply where, during a transmission control period—
a
a person is (whether or not pursuant to the exercise of powers under this Part of this Schedule) at a place in Scotland which is suitable for screening and assessment, and
b
a public health officer has reasonable grounds to suspect that the person is potentially infectious.
2
A public health officer may exercise a power conferred by paragraphs 30 to 32 only if the officer considers that it is necessary and proportionate to do so—
a
in the interests of the person,
b
for the protection of other people, or
c
for the maintenance of public health.
30
1
A public health officer may require the person referred to in paragraph 29 to remain at the place for screening and assessment purposes for a period not exceeding 48 hours.
2
Where a public health officer requires a person to remain at a place under this paragraph, the officer must inform that person—
a
of the reason for imposing the requirement,
b
of the maximum period the person may be required to remain there, and
c
that it is an offence to fail to comply with the requirement.
3
A requirement imposed on a person under this paragraph may be enforced by a constable keeping the person at the place.
31
1
A public health officer may—
a
require the person referred to in paragraph 29 to be screened and assessed, and
b
impose other requirements on the person in connection with their screening and assessment.
2
Requirements under sub-paragraph (1)(a) may in particular include requirements on a person—
a
at such times as the public health officer may specify—
i
to provide a biological sample, or
ii
to allow a healthcare professional to take a biological sample by appropriate means;
b
to answer questions and provide information about their health or other relevant matters (including their travel history and other individuals with whom they may have had contact).
3
In sub-paragraph (2)(a)(ii) “healthcare professional” means —
a
a registered medical practitioner,
b
a registered nurse, or
c
such other registered healthcare professional as may be designated by the Scottish Ministers.
4
Requirements under sub-paragraph (1)(b) may in particular include requirements on a person—
a
to produce any documents which may assist in their assessment;
b
to provide details by which they may be contacted during such subsequent period as the public health officer may specify.
32
1
If a public health officer considers it appropriate for the purposes of screening or assessing the person, the officer may—
a
direct the person referred to in paragraph 29 to go immediately to another place which is specified in the direction and is suitable for those purposes,
b
remove the person to another place suitable for those purposes, or
c
request a constable to remove the person to another place suitable for those purposes (and the constable may then do so).
2
Where a public health officer exercises the powers conferred by this paragraph, the officer must inform that person—
a
of the reason for directing or removing them, and
b
that it is an offence—
i
in a case where a person is directed, to fail without reasonable excuse to comply with the direction, or
ii
in a case where a person is removed (by the officer or by a constable), to abscond.
33
Where the powers in paragraph 27, 28 or 32 are exercised in relation to a person in a place so as to direct them to go to, or remove them to, another place, paragraphs 30 to 32 apply in relation to that person afresh in that other place.