Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Public Health etc. (Scotland) Act 2008

Type Act of the Scottish Parliament

Publication 2008-07-16

Last updated 2026-03-02

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(iv) the steps mentioned in section 46(2) (if any) which may be taken in relation to the person; and

(b) be notified to—

(i) the person to whom it applies;

(ii) any person to whom an explanation was given under section 31(5); and

(iii) any other person the sheriff considers appropriate.

Quarantine and detention: steps that may be taken

Authorised steps

46

(1) Where—

(a) a quarantine order;

(b) a short term detention order; or

is made, the steps which the order may authorise are the steps mentioned in subsection (2).

(2) Those steps are—

(a) disinfection;

(b) disinfestation; and

Authorised steps: least invasive and least intrusive procedures

47

(1) A health care professional taking any step mentioned in section 46(2) which is authorised by virtue of—

(a) a quarantine order;

(b) a short term detention order; or

must not, in taking that step, use invasive or intrusive procedures unless that professional considers such procedures are necessary to achieve the purpose for which the step is being taken.

(2) Where the health care professional considers such procedures are so necessary, the professional must use the least invasive and least intrusive procedures practicable.

Variation and extension of orders

Variation of exclusion and restriction orders

48

(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

(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

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.

Extension of quarantine and hospital detention orders

49

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

(a) a quarantine order;

(b) a short term detention order; or

(2) A health board may, before the period specified in the order expires, apply to the sheriff for an extension of the order.

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

(a) specify—

(i) the order which it is proposed to extend; and

(ii) the person to whom that order applies; and

(b) include a certificate such as is mentioned in subsection (4).

(4) That certificate is one—

(a) stating that a health board competent person is satisfied—

(i) as to the matters mentioned in section 40(2)(a) and (b)(i), 42(2)(a) and (b)(i), 43(2)(a) and (b)(i) or, as the case may be, 45(2)(a); and

(ii) that it is necessary, to avoid or minimise a risk to public health, for the person to continue to be quarantined or, as the case may be, detained in hospital; and

(b) signed by that person.

(5) The sheriff may, if satisfied as to the matters mentioned in subsection (6)—

(a) in the case of a quarantine order or a short term detention order, make an order extending the order, subject to subsection (8), for a further period not exceeding 3 weeks beginning with the day on which the period specified in the order would have expired;

(b) in the case of an exceptional detention order, make an order extending the order, subject to subsection (9), for a further period beginning with the day on which the period specified in the order would have expired.

(6) The matters referred to in subsection (5) are—

(a) the matters mentioned in section 40(2)(a) and (b)(i), 42(2)(a) and (b)(i), 43(2)(a) and (b)(i) or, as the case may be, 45(2)(a); and

(b) that it is necessary, to avoid or minimise the risk to public health, for the person to continue to be quarantined or, as the case may be, detained in hospital.

(7) An order may be extended on more than one occasion.

(8) A quarantine order or a short term detention order may not be extended if doing so would result in the person to whom it applies being quarantined or, as the case may be, detained in hospital for a continuous period exceeding 12 weeks.

(9) An exceptional detention order may not be extended if doing so would result in the person to whom it applies being detained in hospital by virtue of that order for a continuous period exceeding 12 months.

(10) An order under subsection (5)(a) or (b) must—

(a) specify—

(i) the person to whom the order extended by virtue of that subsection applies; and

(ii) the period for which that order is extended; and

(b) be notified to—

(i) the person to whom the order applies;

(ii) any person to whom an explanation was given under section 31(5); and

(iii) any other person the sheriff considers appropriate.

Application for variation of quarantine and hospital detention orders

50

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

(a) a quarantine order;

(b) a short term detention order; or

(2) A health board may, if it considers it appropriate, apply to the sheriff for an order under section 51(1) modifying the order.

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

(a) specify—

(i) the order which it is proposed to modify;

(ii) the person to whom that order applies; and

(iii) the modification which it is proposed to make; and

(b) include a certificate such as is mentioned in subsection (4).

(4) That certificate is one—

(a) stating that a health board competent person is satisfied—

(i) as to the matters mentioned in section 40(2)(a) and (b)(i), 42(2)(a) and (b)(i), 43(2)(a) and (b)(i) or, as the case may be, 45(2)(a); and

(ii) that it is necessary, to avoid or minimise a risk to public health, for the person to continue to be quarantined or, as the case may be, detained in hospital; and

(b) signed by that person.

Variation of quarantine and hospital detention orders

51

(1) The sheriff may, if satisfied as to the matters mentioned in subsection (2) and that it is appropriate to do so, make an order modifying the order to which the application relates—

(a) in the case of a quarantine order, by—

(i) varying the place in which the person is to be quarantined;

(ii) adding, varying or removing conditions;

(b) in the case of a short term detention order or an exceptional detention order, by varying the hospital in which the person is detained;

(2) The matters referred to in subsection (1) are—

(a) the matters mentioned in section 40(2)(a) and (b)(i), 42(2)(a) and (b)(i), 43(2)(a) and (b)(i) or, as the case may be, 45(2)(a); and

(b) that it is necessary, to avoid or minimise a risk to public health, for the person to continue to be quarantined or, as the case may be, detained in hospital.

(3) An order modified by virtue of subsection (1) has effect as so modified from the time at which the order under that subsection is made.

(4) Where the modification under subsection (1) varies the place in which a person is to be quarantined or, as the case may be, the hospital in which a person is to be detained, the order as so modified authorises—

(a) the removal of the person to that place or, as the case may be, hospital, by—

(i) a constable;

(ii) an officer of the health board;

(iii) an officer of a local authority; or

(iv) any other person the sheriff considers appropriate; and

(b) the quarantining of the person in that place or, as the case may be, the detention of that person in that hospital.

(5) An order under subsection (1) must—

(a) specify—

(i) the person to whom the order modified by virtue of that subsection applies; and

(ii) the modification made by virtue of that subsection; and

(b) be notified to—

(i) the person to whom the order applies;

(ii) any person to whom an explanation was given under section 31(5); and

(iii) any other person the sheriff considers appropriate.

Review of orders

Duty to review exclusion and restriction orders

52

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

(a) an exclusion order; or

(b) a restriction order.

(2) Without prejudice to section 53(2), a health board competent person of the appropriate health board must, during the period of 1 week ending with the relevant day, consider whether—

(a) the conditions mentioned in subsection (3)(a) and (b) continue to apply; and

(b) it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be subject to the order.

(3) The conditions referred to in subsection (2)(a) are—

(a) that the person—

(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) that as a result there is a significant risk to public health.

(4) If, having considered the matters mentioned in subsection (2)(a) and (b), the competent person is not satisfied—

(a) that the conditions mentioned in subsection (3)(a) and (b) continue to apply; or

(b) that it continues to be necessary for the person to be subject to the order,

the competent person must revoke it.

(5) In subsection (2)—

“appropriate health board” has the same meaning as in section 48(5);

“relevant day” means—the last day of the period of 3 weeks beginning with the day on which the order is made; andwhere that 3-week period has expired, the last day of each subsequent 3-week period.

Duty to keep exclusion and restriction orders under review

53

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

(a) an exclusion order; or

(b) a restriction order.

(2) Without prejudice to section 52(2), a health board competent person of the appropriate health board must, if requested to do so by the person to whom the order applies, and from time to time, consider whether—

(a) the conditions mentioned in section 52(3)(a) and (b) continue to apply; and

(b) it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be subject to the order.

(3) If, having considered the matters mentioned in subsection (2)(a) and (b), the competent person is not satisfied—

(a) that the conditions mentioned in section 52(3)(a) and (b) continue to apply; or

(b) that it continues to be necessary for the person to be subject to the order,

the competent person must revoke it.

(4) In subsection (2), the “appropriate health board” has the same meaning as in section 48(5).

Duty to keep quarantine orders under review

54

(1) This section applies where a person is subject to a quarantine order.

(2) A health board competent person of the health board which applied for the order must, if requested to do so by the person to whom the order applies, and from time to time, consider whether—

(a) the conditions mentioned in subsection (3)(a) and (b) continue to apply; and

(b) it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be subject to the order.

(3) The conditions referred to in subsection (2)(a) are—

(a) that it is known, or there are reasonable grounds to suspect, that the person—

(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) that as a result there is or may be a significant risk to public health.

(4) If, having considered the matters mentioned in subsection (2)(a) and (b), the competent person is not satisfied—

(a) that the conditions mentioned in subsection (3)(a) and (b) continue to apply; or

(b) that it continues to be necessary for the person to be subject to the order,

the competent person must revoke the order.

Duty to keep hospital detention orders under review

55

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

(a) a short term detention order; or

(b) an exceptional detention order.

(2) A health board competent person of the health board which applied for the order must, if requested to do so by the person to whom the order applies, and from time to time, consider whether—

(a) the conditions mentioned in subsection (3)(a) and (b) continue to apply; and

(b) it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be detained in hospital.

(3) The conditions referred to in subsection (2)(a) are—

(a) that the person—

(i) has an infectious disease; or

(ii) is contaminated;

(b) that as a result there is a significant risk to public health.

(4) If, having considered the matters mentioned in subsection (2)(a) and (b), the competent person is not satisfied—

(a) that the conditions mentioned in subsection (3)(a) and (b) continue to apply; or

(b) that it continues to be necessary for the person to be detained in hospital,

the competent person must revoke the order.

Compensation

Compensation for voluntary compliance with request

56

(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

(2) The orders referred to in subsection (1) are—

(a) an exclusion order;

(b) a restriction 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.

Compensation for persons subject to certain orders

57

(1) A health board may compensate any person—

(a) who is subject to—

(i) an exclusion order;

(ii) a restriction order; or

(iii) a quarantine order; and

(b) who incurs any loss caused by complying with the order.

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

(3) 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.

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

Compensation for carers

58

(1) This section applies where a person (the “relevant person”)—

(a) is subject to—

(i) an exclusion order;

(ii) a restriction order; or

(iii) a quarantine order; or

(b) although not subject to such an order, complies with a request mentioned in section 56.

(2) The health board must compensate a person (a “carer”) mentioned in subsection (3) who, as a result of the relevant person being subject to the order or, as the case may be, complying with the request—

(a) requires to care for the relevant person or, where the carer normally cares for the relevant person, requires to provide more care; and

(b) incurs loss as a result of so doing.

(3) A carer is—

(a) where the relevant person is 16 or over, a person who is 16 or over and who cares for the relevant person otherwise than—

(i) by virtue of a contract of employment or other contract with any person; or

(ii) as a volunteer for a voluntary organisation;

(b) where the relevant person is under 16, such a person or a parent of the relevant person who has day-to-day care or control of the relevant person.

(4) Any dispute as to—

(a) a carer'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 carer or, if such agreement cannot be reached, by the sheriff.

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

Recall of orders granted in absence

Recall of orders granted in absence of person to whom application relates

59

(1) This section applies where—

(a) a quarantine order;

(b) a short term detention order; or

is made in the absence of the person to whom the order applies.

(2) A person mentioned in subsection (3) may apply to the sheriff for an order recalling the order.

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

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

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

(4) An application under this section must be made before the expiry of the period of 72 hours beginning with the time at which the order to which the application relates is notified to the person to whom it applies.

(5) Despite the making of an application under this section, the order to which it relates has effect as if the application were not made.

(6) The sheriff must, before determining an application under this section, give the persons mentioned in subsection (7) the opportunity—

(a) of making representations (whether orally or in writing); and

(b) of leading, or producing, evidence.

(7) Those persons are—

(a) the applicant;

(b) where the applicant is not the person to whom the order applies, that person;

(d) any other person the sheriff considers appropriate.

(8) On an application under this section, the sheriff may—

(a) confirm the order;

(b) revoke the order.

Appeals

Appeal against orders for medical examination

60

(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;

(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.

Appeal against exclusion orders and restriction orders

61

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

(a) an exclusion order; or

(b) a restriction order.

(2) A person mentioned in subsection (3) may appeal to the sheriff against—

(a) the making of the order;

(b) any conditions imposed by the order;

(d) a decision of a health board competent person under section 52(4) or 53(3) not to revoke the order.

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

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

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

(4) An appeal under this section must be made before the expiry of the period of 14 days beginning with the day on which the order, modification or, as the case may be, decision appealed against is made.

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

(a) confirm the order appealed against;

(b) modify the order;

(d) confirm the decision appealed against;

(e) quash that decision;

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

(6) In subsection (5)(b), “modify” is to be construed in accordance with section 48.

Appeal against quarantine and hospital detention orders

62

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

(a) a quarantine order;

(b) a short term detention order; or

(2) A person mentioned in subsection (3) may appeal to the sheriff principal against—

(a) the making of the order;

(b) in the case of a quarantine order, any conditions imposed by the order;

(d) a decision of the sheriff under section 59(8) confirming the order;

(e) the making of an order extending the order under section 49(5);

(f) the making of an order under section 51(1) modifying the order; or

(g) a decision of a health board competent person under section 54(4) or, as the case may be, 55(4) not to revoke the order.

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

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

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

(4) An appeal under this section must be made before the expiry of the period of 14 days beginning with the day on which the order or, as the case may be, decision appealed against is made.

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

(a) confirm the order appealed against;

(b) modify the order;

(d) confirm the decision appealed against;

(e) quash that decision;

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

(6) In subsection (5)(b), “modify” is to be construed in accordance with section 51(1).

Exclusion orders and restriction orders: further appeal to sheriff principal

63

(1) A person who appealed under section 61(2) may, with the leave of the sheriff, appeal against a decision mentioned in subsection (2) to the sheriff principal.

(2) A decision referred to in subsection (1) is a decision of the sheriff—

(a) to confirm the exclusion order appealed against;

(b) to confirm the restriction order appealed against;

(d) to confirm the decision appealed against.

(3) A health board aggrieved by an appeal under section 61(2) may, with the leave of the sheriff, appeal against a decision mentioned in subsection (4) to the sheriff principal.

(4) A decision referred to in subsection (3) is a decision of the sheriff—

(a) to revoke the exclusion order appealed against;

(b) to revoke the restriction order appealed against;

(d) to quash the decision appealed against.

(5) An appeal under this section may be made only on the ground that—

(a) the sheriff erred in law;

(b) the decision of the sheriff was not supported by the facts established by the sheriff in the appeal.

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

(a) confirm the decision appealed against;

(b) modify that decision;

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

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

Appeal to Court of Session

64

(1) A person who appealed under section 62(2) may, with the leave of the sheriff principal, appeal against a decision mentioned in subsection (2) to the Court of Session.

(2) A decision referred to in subsection (1) is a decision of the sheriff principal—

(a) to confirm the order appealed against;

(b) to modify the order; or

(3) A health board aggrieved by an appeal under section 62(2) may, with the leave of the sheriff principal, appeal against a decision mentioned in subsection (4) to the Court of Session.

(4) A decision referred to in subsection (3) is a decision of the sheriff principal—

(a) to revoke the order appealed against;

(b) to modify the order; or

(5) An appeal under this section may be made only on the ground that—

(a) the sheriff principal erred in law;

(b) the decision of the sheriff principal was not supported by the facts established by the sheriff principal in the appeal.

(6) On an appeal under this section, the Court of Session may—

(a) confirm the decision appealed against;

(b) modify that decision;

(d) make such other order as the Court considers appropriate.

(7) The decision of the Court on an appeal under this section is final.

Effect of appeal under section 61, 62, 63 or 64

65

Despite the making of an appeal under section 61(2), 62(2), 63(1) or (3) or 64(1) or (3), the exclusion order, restriction order, quarantine order, short term detention order or, as the case may be, exceptional detention order to which the appeal relates has effect as if the appeal were not made.

Breach of orders and offences

Absconding from quarantine

66

(1) Where a person who is subject to a quarantine order breaches that order by absconding—

(a) while being removed to the place at which that person is to be quarantined; or

(b) from that place,

that person is liable to be taken into custody by a person mentioned in subsection (2) and detained in accordance with subsections (3) and (4).

(2) The persons who may take a quarantined person into custody are—

(a) a constable;

(b) an officer of a health board;

(3) The quarantined person may be detained in—

(a) a hospital; or

(b) any other place.

(4) The period for which the quarantined person may be detained by virtue of subsection (1) is the period or, as the case may be, the remainder of the period for which the quarantine of that person is authorised.

(5) In calculating the period mentioned in subsection (4), the period beginning when the quarantined person absconded and ending when that person is detained in accordance with subsection (1) is to be left out of account.

(6) A person who may take a quarantined person into custody may enter any premises in which the quarantined person is present.

(7) The power of entry in subsection (6)—

(a) may be exercised at any time; and

(b) includes power to use reasonable force.

(8) A person who is taken into custody under this section and who absconds remains liable to be taken into custody under and detained in accordance with this section.

(9) Notwithstanding the detention of a quarantined person in accordance with subsections (3) and (4), the health board may apply under section 49(2) for an extension of the quarantine order; and, where such an extension is granted, the quarantined person may be removed by a person mentioned in section 40(4) to the place in which the person is to be quarantined.

Absconding from hospital

67

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

(a) a short term detention order; or

(b) an exceptional detention order.

(2) A person who absconds—

(a) while being removed to the hospital in which that person is to be detained; or

(b) from the hospital in which the person is detained,

is liable to be taken into custody by a person mentioned in subsection (3) and returned to hospital in accordance with subsection (4).

(3) The persons who may take a person who has absconded into custody are—

(a) a constable;

(b) an officer of a health board;

(4) The absconding person may—

(a) be returned to the hospital in which the person's detention is authorised; and

(b) be detained there for the period or, as the case may be, the remainder of the period for which detention of that person is authorised.

(5) In calculating the period mentioned in subsection (4)(b), the period beginning when the person absconded and ending when that person is returned to hospital by virtue of subsection (2) is to be left out of account.

(6) A person who may take an absconding person into custody may enter any premises in which the person is present.

(7) The power of entry in subsection (6)—

(a) may be exercised at any time; and

(b) includes power to use reasonable force.

(8) A person who is taken into custody under this section and who absconds remains liable to be taken into custody under and dealt with in accordance with this section.

Obstruction

68

A person commits an offence if that person, without reasonable excuse, intentionally obstructs—

(a) a health care professional authorised by virtue of an order under section 34(1) to medically examine a person;

(b) a person authorised by virtue of section 40(1) to remove a person to the place in which the person is to be quarantined; or

Offences arising from breach of orders under this Part

69

(1) A person subject to an order mentioned in subsection (2) who, without reasonable excuse, breaches that order commits an offence.

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

(a) an order under section 34(1) authorising medical examination;

(b) an exclusion order;

(d) a quarantine order (including any condition imposed by the order);

(e) a short term detention order;

(f) an exceptional detention order.

Failure to ensure child’s compliance with order

70

(1) This section applies where an order mentioned in subsection (2) is made in relation to a person who is under 16 (a “child”).

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

(a) an exclusion order;

(b) a restriction order; or

(3) A parent of the child who—

(a) has day-to-day care or control of the child; and

(b) fails, without reasonable excuse, to ensure that the child does not breach the order,

commits an offence.

(4) Where there is no such parent, a person mentioned in subsection (5) who fails, without reasonable excuse, to ensure that the child does not breach the order commits an offence.

(5) The person referred to in subsection (4) is a person who—

(a) is 16 or over; and

(b) has day-to-day care or control of the child otherwise than—

(i) by virtue of a contract of employment or other contract with any person; or

(ii) as a volunteer for a voluntary organisation.

(6) In proceedings for an offence under subsection (3) or (4), it is a defence for the person to prove that the person exercised all due diligence and took all reasonable steps to avoid committing the offence.

Procedure

Applications and appeals

71

(1) Nothing in this Part affects the Court of Session's power under section 32 of the Sheriff Courts (Scotland) Act 1971 (c. 58) to regulate and prescribe the procedure and practice to be followed in any application or appeal under this Part.

(2) Without prejudice to the generality of section 32 of that Act, provision may, in particular, be made under that section about—

(a) the manner in which, and time within which, notice of applications for orders is given;

(b) the manner in which, and time within which, notice of orders is given;

(c) where applications and orders are made in relation to persons who are under 16, the persons to whom notice of such applications and orders must be given;

(d) the circumstances in which the sheriff or, as the case may be, the sheriff principal, may determine whether and, if so, where, a hearing is to be held; and

(e) the place, or types of place, at which hearings may be held.

(3) The sheriff may determine an application under this Part (other than an appeal)—

(a) in chambers;

(b) in the absence of the person to whom the application relates.

Part 5 — Public health functions of local authorities

Facilities for disinfection etc.

Provision of facilities for disinfection etc.

72

(1) Each local authority must provide or ensure the provision, for its area, of—

(a) facilities and equipment for—

(i) the disinfection of;

(ii) the disinfestation of;

(iii) the decontamination of; and

(iv) other connected operations in relation to,

things and premises which are infected, infested or contaminated;

(b) facilities and equipment for the destruction of such things; and

(2) An authority may comply with subsection (1)(a) and (b) by providing or ensuring the provision of mobile facilities and equipment only; and, where it does so, subsection (1)(c) does not apply.

(3) An authority may enter into an agreement with any person for the provision by that person of the facilities, equipment and means of transport referred to in subsection (1).

(4) Facilities and equipment provided under subsection (1) need not be in the area of the local authority.

(5) In this Part—

“contaminated” includes having been exposed to—a person who is contaminated;a contaminant; oran animal or insect which is contaminated;

“infected” includes having been exposed to—a person who has an infectious disease;an organism which causes any such disease; oran animal or insect which—has or carries an organism which causes an infectious disease; orhas or carries an infectious disease,which is a risk to human health; and

“infested” means infested with an animal or insect which—has or carries an organism which causes an infectious disease; orhas or carries an infectious disease,which is a risk to human health.

(6) In subsection (5), “animal” means a vertebrate other than a human.

Disinfection etc. of premises and things

Notice on occupier or owner of infected etc. premises or things

73

(1) This section applies where—

(a) a local authority knows or suspects that—

(i) any premises in its area are; or

(ii) any thing in or on such premises is,

infected, infested or contaminated; and

(b) it appears to the authority that as a result it is necessary, to prevent, or prevent the spread of, infectious disease or contamination, for one or more of the steps mentioned in subsection (2) to be taken.

(2) Those steps are—

(a) the—

(i) disinfection;

(ii) disinfestation; or

(iii) decontamination,

of the premises or of a thing in or on the premises;

(b) the destruction of such a thing;

(3) The authority may serve notice on the person who is—

(a) the occupier of the premises; or

(b) where the premises are unoccupied, the owner of them,

requiring that person to take one or more of the steps mentioned in subsection (2).

(4) Where—

(a) a notice is served under subsection (3)(a) on the occupier of premises; and

(b) that occupier is not the owner of those premises,

the authority must serve a copy of the notice on the owner.

(5) The authority may serve notice under subsection (3) only where a local authority competent person certifies that the person is satisfied as to the matters mentioned in subsection (1).

(6) A notice under subsection (3) must—

(a) specify the steps which the person on whom the notice is served must take;

(b) specify the period before the expiry of which those steps must be taken; and

(c) advise the person on whom the notice is served that, where that person fails to comply with the notice, the local authority may take those steps.

(7) Where, before the expiry of the period mentioned in subsection (6)(b), the person on whom the notice is served consents, an authorised officer may do anything that officer would, under section 75(2), be entitled to do.

(8) In this Part, “authorised officer” means an officer of the local authority authorised by it for the purposes of this section, section 74, 75, 76, 77, 78 or, as the case may be, 79.

Inspection of premises in relation to which notice served

74

(1) This section applies where—

(a) a local authority serves notice under section 73(3); and

(b) the period mentioned in section 73(6)(b) expires.

(2) An authorised officer may—

(a) enter the premises for the purpose of ascertaining whether the steps specified in the notice have been taken;

(b) on entering premises by virtue of paragraph (a), take any other person authorised by the officer and, if the officer has reasonable cause to expect any serious obstruction in obtaining access, a constable.

(3) An authorised officer entitled to enter premises under subsection (2) must, if requested to do so, produce a document showing that officer's authority.

(4) An authorised officer who enters any unoccupied premises by virtue of subsection (2) must leave the premises as effectively secured against unauthorised entry as the officer found them.

Failure to comply with notice

75

(1) This section applies where—

(a) a local authority serves notice under section 73(3);

(b) the period mentioned in section 73(6)(b) expires; and

(2) An authorised officer may—

(a) enter the premises;

(b) on entering premises by virtue of paragraph (a), take any other person authorised by the officer and, if the officer has reasonable cause to expect any serious obstruction in obtaining access, a constable;

(i) those premises (or any part of them) are; or

(ii) any thing in or on them is,

to be left undisturbed (whether generally or in particular respects) for so long as the officer considers appropriate;

(d) take—

(i) any step specified in the notice; and

(ii) any other step mentioned in section 73(2) as that officer considers appropriate;

(e) remove any thing from the premises for the purpose of taking any such step at any other place.

(3) An authorised officer who enters any unoccupied premises by virtue of subsection (2)(a) must leave the premises as effectively secured against unauthorised entry as the officer found them.

Power of local authority to disinfect etc. premises or things

76

(1) This section applies where—

(a) a local authority knows or suspects that—

(i) any premises in its area are; or

(ii) any thing in or on such premises is,

infected, infested or contaminated; and

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

(i) it is necessary, to prevent, or prevent the spread of, infectious disease or contamination, for one or more of the steps mentioned in section 73(2) to be taken; and

(ii) it is not reasonably practicable for any person on whom a notice under section 73(3) might be served to take those steps.

(2) The authority may serve notice on the person who is—

(a) the occupier of the premises; or

(b) where the premises are unoccupied, the owner of them,

requiring that person to give an authorised officer access to the premises or thing in order for any of the steps mentioned in section 73(2) to be taken.

(3) Where—

(a) a notice is served under subsection (2) on the occupier of premises; and

(b) the occupier is not the owner of those premises,

the authority must serve a copy of the notice on the owner.

(4) The local authority may serve notice under subsection (2) only where a local authority competent person certifies that the person is satisfied as to the matters in subsection (1).

(5) A notice under subsection (2) must—

(a) specify the steps which the authority proposes to take; and

(b) specify the period before the expiry of which those steps are to be taken.

(6) An authorised officer may—

(a) enter the premises;

(b) on entering premises by virtue of paragraph (a), take any other person authorised by the officer and, if the officer has reasonable cause to expect any serious obstruction in obtaining access, a constable;

(i) those premises (or any part of them) are; or

(ii) any thing in or on them is,

to be left undisturbed (whether generally or in particular respects) for so long as the officer considers appropriate;

(d) take—

(i) any step specified in the notice; and

(ii) any other step mentioned in section 73(2) as that officer considers appropriate; and

(e) remove any thing from the premises for the purpose of taking any such step at any other place.

(7) An authorised officer who enters any unoccupied premises by virtue of subsection (6)(a) must leave the premises as effectively secured against unauthorised entry as the officer found them.

Entry to dwellinghouses

77

(1) Where an authorised officer proposes, in exercise of any power conferred by—

(a) section 74(2);

(b) section 75(2); or

to enter a dwellinghouse, the conditions set out in subsections (2) and (3) must be satisfied.

(2) The first condition is that the officer has given 48 hours' notice of the proposed entry to a person who appears to be the occupier of the dwellinghouse.

(3) The second condition is that—

(a) the person who appears to be the occupier of the dwellinghouse has consented; or

(b) entry is effected under the authority of a warrant issued under section 78(2).

(4) In this Part, “dwellinghouse” has the meaning given by section 26.

Warrant to enter and take steps

78

(1) This section applies where—

(a) a person entitled to enter premises under this Part—

(i) has been refused entry; or

(ii) reasonably anticipates entry being refused;

(b) premises which such a person is entitled to enter are unoccupied;

(d) a person entitled to enter premises under this Part—

(i) has been prevented from taking any step which that person is entitled under this Part to take; or

(ii) reasonably anticipates being prevented from doing so.

(2) The sheriff or a justice of the peace may, on the application of a local authority, by warrant authorise an officer of the authority—

(a) to enter the premises;

(b) on entering premises by virtue of paragraph (a), to take any other person authorised by the officer and, if the officer has reasonable cause to expect any serious obstruction in obtaining access, a constable;

(i) those premises (or any part of them) are; or

(ii) any thing in or on them is,

to be left undisturbed (whether generally or in particular respects) for so long as the officer considers appropriate;

(d) to take any step mentioned in section 73(2);

(e) to remove any thing from the premises for the purpose of taking any such step at any other place.

(3) The sheriff or justice of the peace must not, under subsection (2), grant a warrant in relation to a dwellinghouse unless the sheriff or justice is satisfied that—

(a) notice has been given under section 77(2); and

(b) the period of notice has expired

(4) The power of entry in this section—

(a) may be exercised at any time; and

(b) includes power to use reasonable force.

(5) An authorised officer who enters any unoccupied premises by virtue of this section must leave the premises as effectively secured against unauthorised entry as the officer found them.

(6) A warrant under this section continues in force until the purpose for which it is issued is fulfilled.

Use of powers in emergencies

79

(1) This section applies where—

(a) a local authority knows or suspects that—

(i) any premises in its area are; or

(ii) any thing in or on such premises is,

infected, infested or contaminated;

(b) it appears to the authority that as a result it is necessary, to prevent, or prevent the spread of, infectious disease or contamination, for one or more of the steps mentioned in section 73(2) to be taken; and

(2) An authorised officer may enter the premises—

(a) whether or not a notice under section 73(3) or 76(2) has been served;

(b) where a notice under section 73(3) has been served, whether or not the period specified in the notice has expired.

(3) The authorised officer may enter premises by virtue of this section only where a local authority competent person certifies that the person is satisfied as to the matters in subsection (1).

(4) The power of entry which the officer has—

(a) may be exercised at any time; and

(b) includes power to use reasonable force.

(5) Where the premises in relation to which the officer proposes to exercise the power are a dwellinghouse, section 77 does not apply.

(6) The authorised officer may, on entering premises by virtue of this section—

(a) take any other person authorised by the officer and, if the officer has reasonable cause to expect any serious obstruction in obtaining access, a constable;

(b) direct that—

(i) those premises (or any part of them) are; or

(ii) any thing in or on them is,

to be left undisturbed (whether generally or in particular respects) for so long as the officer considers appropriate;

(d) remove any thing from the premises for the purpose of taking any such step at any other place.

(7) An authorised officer who enters any unoccupied premises by virtue of this section must leave the premises as effectively secured against unauthorised entry as the officer found them.

(8) This section applies despite the making of an appeal under section 83(1).

(9) In this section, there is an “emergency” if—

(a) there is a significant risk to public health; and

(b) the nature of that risk is such that immediate action is necessary to prevent, or prevent the spread of, infectious disease or contamination.

Offences

Obstruction

80

A person commits an offence if the person, without reasonable excuse, intentionally obstructs an authorised officer or any other person doing anything that officer or person is authorised to do by virtue of—

(a) section 74(2);

(b) section 75(2);

(d) section 78(2); or

(e) section 79(2) or (6).

Recovery of expenses

81

(1) A local authority may recover any reasonable expenses it incurs in doing anything it is entitled to do under—

(a) section 73(7);

(b) section 75(2);

(d) section 78(2); or

(e) section 79(2) or (6),

from the person on whom the notice under section 73(3) or, as the case may be, 76(2) was served.

(2) Where the authority incurs expenses in doing anything it is entitled to do under section 79(2) or (6) without a notice under section 73(3) or 76(2) having been served, the authority may recover the expenses from—

(a) the occupier of the premises; or

(b) where the premises are unoccupied, the owner of them.

(3) The local authority may also recover any administrative expenses incurred by it in connection with the thing to which the expenses relate.

(4) The local authority may accept payment of sums recoverable under this section by instalments.

(5) Sums due by a person under this section are recoverable by the local authority as a civil debt.

Compensation

82

(1) A local authority must compensate any person who suffers loss or damage caused by any person doing or failing to do anything which that person is entitled or, as the case may be, required to do under—

(a) section 73(7);

(b) section 75(2);

(d) section 78(2); or

(e) section 79(2) or (6).

(2) Subsection (1) does not apply where the loss or damage—

(a) is attributable to the fault of the person who suffered the loss or damage; or

(b) is loss or damage which relates to—

(i) any infected, infested or contaminated premises which are damaged as a result of the disinfection, disinfestation or decontamination of the premises or any thing in or on them; or

(ii) any infected, infested or contaminated thing, in or on premises, which is damaged or destroyed as a result of the disinfection, disinfestation or decontamination of the thing or premises.

(3) Any dispute as to—

(a) a person's entitlement to compensation under subsection (1); or

(b) the amount of such compensation,

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

Appeals

Appeals against notices under this Part

83

(1) Any person on whom a notice under—

(a) section 73(3); or

(b) section 76(2),

is served may appeal to the sheriff.

(2) An appeal under this section may be made against—

(a) the notice;

(b) any requirement specified in it.

(3) An appeal under this section must be made before the expiry of the period of 14 days beginning with the day after the day on which the notice is served.

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

(a) confirm the notice;

(b) revoke the notice;

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

Appeal to sheriff principal

84

(1) A person who appealed under section 83(1) may, with the leave of the sheriff, appeal against a decision mentioned in subsection (2) to the sheriff principal.

(2) A decision referred to in subsection (1) is a decision of the sheriff—

(a) to confirm the notice appealed against;

(b) not to remove or vary any requirement specified in the notice.

(3) A local authority may, with the leave of the sheriff, appeal against a decision mentioned in subsection (4) to the sheriff principal.

(4) A decision referred to in subsection (3) is a decision of the sheriff—

(a) to revoke the notice appealed against;

(b) to remove or vary any requirement specified in the notice.

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

(a) confirm the decision appealed against;

(b) modify that decision;

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

Appeal to Court of Session

85

(1) A person who appealed under section 84(1) or (3) may, with the leave of the sheriff principal, appeal against the sheriff principal's decision to the Court of Session.

(2) An appeal under this section may be made on a point of law only.

(3) On an appeal under this section, the Court of Session may—

(a) confirm the decision appealed against;

(b) modify that decision;

(d) make such other order as the Court considers appropriate.

(4) The decision of the Court on an appeal under this section is final.

Existing functions

Application of this Part where other functions being exercised

86

(1) This section applies where—

(a) a local authority; or

(b) any other person,

has functions under any other enactment in relation to premises or things which are infected, infested or contaminated.

(2) A function to which subsection (1) applies is an “existing function”.

(3) A local authority may not exercise any function conferred on it by virtue of this Part if and to the extent that—

(a) the authority or any other person is exercising an existing function; or

(b) the authority is aware that another person is likely imminently to exercise an existing function,

in relation to the infected, infested or contaminated premises or thing.

(4) Subsection (3) does not affect the functions conferred on a local authority by virtue of section 72(1).

Part 6 — Mortuaries etc.

Provision of mortuaries

Provision of mortuaries by local authorities

87

(1) Each local authority must provide or ensure the provision for its area of such—

(a) premises and facilities for the reception and temporary storage of the bodies of persons who die in the authority's area; and

(b) premises and facilities for the post-mortem examination of such bodies,

as it considers appropriate.

(2) Subsection (1) does not apply in relation to the bodies of persons mentioned in section 88(2).

(3) An authority may enter into an agreement with any person for the provision by that person of the premises and facilities referred to in subsection (1).

(4) Premises and facilities provided under subsection (1) need not be in the area of the local authority providing them or ensuring their provision.

Provision of mortuaries by health boards

88

(1) Each health board must provide or ensure the provision for its area of such—

(a) premises and facilities for the reception and temporary storage of the bodies of persons mentioned in subsection (2); and

(b) premises and facilities for the post-mortem examination of such bodies,

as it considers appropriate.

(2) Those persons are persons—

(a) who die in a hospital in the board's area; or

(b) who die elsewhere and whose bodies are brought to such a hospital.

(3) Subsection (2) does not apply in relation to bodies of persons the reception, storage or post-mortem examination of which is required for the purposes of the functions or under the authority of the procurator fiscal.

(4) In this Part, “mortuary” means premises and facilities provided by virtue of this section or section 87.

Co-operation by local authorities and health boards

89

Local authorities and health boards must co-operate with one another in complying with their respective duties under section 87(1) or, as the case may be, 88(1).

Protection of public from risks arising from bodies

Restriction on release of infected etc. bodies from hospital

90

(1) This section applies where—

(a) the body of a person—

(i) who has died of an infectious disease;

(ii) who had, immediately before dying, such a disease but who died of another cause; or

(iii) who was, immediately before dying, contaminated (whether the contamination caused the death or not),

is in a hospital; and

(b) the health board responsible for that hospital considers that, as a result of that disease or contamination—

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

(ii) it is necessary, to avoid or minimise that risk, for that body to be retained in hospital until the board is satisfied as to the arrangements for its disposal.

(2) The board may in writing direct that the body—

(a) must not be removed from the hospital without the board's written authorisation; and

(b) may be removed only—

(i) by a person specified in the authorisation; and

(ii) for the purpose of immediate disposal.

(3) The board may give a direction under subsection (2) only where a health board competent person certifies in writing that the person is satisfied as to the matters mentioned in subsection (1).

(4) Where a board gives a direction under subsection (2) it must explain to any person who appears to the board to be responsible for the removal and disposal of the body—

(a) that there is a significant risk to public health;

(b) the nature of that risk;

(d) any other matter which the board considers appropriate.

(5) Subsection (4) does not apply in any case where the board has given an explanation under section 91(2) to the person to whom an explanation under subsection (4) would be given.

(6) Any person who, without reasonable excuse, breaches a direction under subsection (2) commits an offence.

(7) A direction under subsection (2) does not prevent the removal of the body in relation to which the direction is made to a mortuary or other similar premises for the purposes of the post-mortem examination of that body.

(8) In this Part, “disposal”, in relation to a body—

(a) means burial , cremation or hydrolysis; and

(b) includes preparation of the body for burial , cremation or hydrolysis;

and cognate expressions are to be construed accordingly.

Duty of health board where infected etc. person dies

91

(1) This section applies where a health board knows that a person in its area—

(a) has died of an infectious disease;

(b) had, immediately before dying, such a disease but died of another cause; or

(2) The board must explain to any person who appears to the board to be responsible for the disposal of the person's body—

(a) the nature of any risk to public health which results from the disease or contamination;

(b) any precautions which the board considers should be taken; and

(3) Subsection (2) does not apply in any case where the board has given an explanation under section 90(4) to the person to whom an explanation under subsection (2) would be given.

Application for order in relation to bodies retained in premises

92

(1) This section applies where—

(a) the body of a person is being retained in premises;

(b) the local authority in whose area the premises are—

(i) is satisfied that no arrangements have been or are being made under section 65(2) or 66(2) of the Burial and Cremation (Scotland) Act 2016 for disposal of the body; or

(ii) considers that appropriate arrangements have not otherwise been made for the disposal of the body; and

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

(ii) it is necessary, to avoid or minimise that risk, for the body to be appropriately disposed of.

(2) The authority may apply to the sheriff for its area for an order under section 93(1).

(3) An application under subsection (2) must be accompanied by a certificate—

(a) stating that a local authority competent person is satisfied as to the matters mentioned in subsection (1); and

(b) signed by that person.

(4) In this section, “premises” does not include—

(a) a mortuary or other similar premises; or

(b) a hospital.

Power of sheriff to order removal to mortuary and disposal

93

(1) The sheriff may—

(a) if satisfied that there is a significant risk to public health, make an order authorising the local authority to—

(i) remove the body of a person mentioned in section 92(1)(a) to a mortuary or other similar premises; and

(ii) dispose of that body before the expiry of the period specified in the order;

(b) if satisfied that the risk to public health is such that it is necessary for the body to be disposed of immediately, make an order authorising the authority to dispose of that body as soon as reasonably practicable.

(2) Where an authority is authorised by virtue of this section to remove or dispose of a body, an officer of the authority or any other person authorised by the authority (in either case, an “authorised officer”) may—

(a) enter any premises for the purposes of removing that body;

(b) on entering premises by virtue of paragraph (a), take any other person authorised by the authorised officer and, if that officer has reasonable cause to expect any serious obstruction in obtaining access, a constable; and

(3) The power of entry in subsection (2)(a)—

(a) may be exercised at any time; and

(b) includes power to use reasonable force.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Any reasonable expenses incurred by the authority by virtue of an order under subsection (1) are recoverable from the estate of the deceased person.

(6) A person commits an offence if that person, without reasonable excuse, intentionally obstructs any person exercising any function which that person is authorised by virtue of this section to exercise.

Part 7 — International travel

International travel

94

(1) The Scottish Ministers may by regulations make provision for the purposes of or in connection with—

(a) giving effect to—

(i) the International Health Regulations;

(ii) any other international agreements or arrangements relating to the spread of infectious disease or contamination (including any recommendations issued under such agreements or arrangements),

so far as they have effect in or as regards Scotland;

(b) protecting public health from risks arising from vehicles—

(i) arriving in Scotland;

(ii) leaving Scotland.

(2) Regulations under subsection (1) may, in particular make provision—

(a) for persons to be—

(i) medically examined;

(ii) quarantined;

(iii) detained;

(b) for persons to be required to provide information or answer questions (including information or questions relating to health);

(d) for prohibitions or restrictions on—

(i) the entry and departure of persons or things;

(ii) the arrival and leaving of vehicles;

(e) for things to be—

(i) inspected;

(ii) tested;

(iii) detained;

(iv) kept in quarantine,

(iv) destroyed;

(f) for persons, vehicles or things to be—

(i) disinfected;

(ii) disinfested;

(iii) decontaminated;

(g) for the imposition of obligations on—

(i) masters of ships;

(ii) pilots of aircraft;

(iii) other persons on board vehicles;

(iv) owners and managers of ports and airports;

(h) conferring functions—

(i) on the Scottish Ministers;

(ii) on other persons;

(i) creating offences;

(ia) enabling a court to order a person convicted of any offence under the regulations to take or pay for remedial action in appropriate circumstances,

(ib) providing for the carrying out and enforcement of restrictions and requirements imposed by virtue of the regulations,

(ic) providing for appeals from and reviews of restrictions and requirements imposed by virtue of the regulations,

(id) permitting or requiring the payment of incentive payments or expenses,

(ie) permitting the payment of compensation,

(if) providing for the resolution of disputes,

(j) permitting or prohibiting any person to charge in respect of functions carried out under the regulations.

(2A) Regulations under subsection (1) may not include provision requiring persons to undergo medical treatment.

(2B) In subsection (2A), “medical treatment” includes vaccination and other prophylactic treatment.

(3) Regulations under subsection (1) may modify any enactment (including this Act).

(4) A person who commits an offence under regulations made under subsection (1) is liable to such penalties, not exceeding those mentioned in subsection (5), as are provided for in the regulations.

(5) Those penalties are—

(a) on summary conviction, imprisonment for a period not exceeding 12 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, imprisonment for a period not exceeding 2 years or a fine or both.

(6) In this section, “the International Health Regulations” means the International Health Regulations (2005) adopted by the 58th World Health Assembly of the World Health Organisation on 23 May 2005 (as they may be amended from time to time) and includes a recommendation issued under those Regulations.

Part 8 — Regulation of provision of sunbeds

Offences

Prohibition on allowing use of sunbeds by persons under 18

95

(1) An operator of sunbed premises who, without reasonable excuse, allows a person who is under 18 to use a sunbed on those premises commits an offence.

(2) In proceedings for an offence under subsection (1), it is a defence for the operator to show that—

(a) the operator believed the person to be 18 or over; and

(b) the operator had taken reasonable steps to establish the person's age.

(3) For the purposes of subsection (2)(b), the operator is to be treated as having taken reasonable steps to establish the person's age if (and only if)—

(a) the operator was shown any of the documents mentioned in subsection (4); and

(b) that document would have convinced a reasonable person.

(4) The documents referred to in subsection (3)(a) are any document appearing to be—

(a) a passport;

(aa) a UK driving licence,

(b) a European Union photocard driving licence; or

(5) In subsections (2)(a) and (b) and (3), references to the operator include an employee or agent of the operator.

Prohibition on sale or hire of sunbeds to persons under 18

96

(1) A person (the “seller”) who, without reasonable excuse, sells a sunbed to a person who is under 18 commits an offence.

(2) A person (the “hirer”) who, without reasonable excuse, hires a sunbed to a person who is under 18 commits an offence.

(3) In proceedings for an offence under subsection (1) or (2), it is a defence for the seller or hirer to show that—

(a) the seller or hirer believed the person to be 18 or over; and

(b) the seller or hirer had taken reasonable steps to establish the person's age.

(4) For the purposes of subsection (3)(b), the seller or hirer is to be treated as having taken reasonable steps to establish the person's age if (and only if)—

(a) the seller or hirer was shown any of the documents mentioned in subsection (5); and

(b) that document would have convinced a reasonable person.

(5) The documents referred to in subsection (4)(a) are any document appearing to be—

(a) a passport;

(aa) a UK driving licence,

(b) a European Union photocard driving licence; or

(6) In subsections (3)(a) and (b) and (4), references to the seller or hirer include an employee or agent of the seller or hirer.

Remote sale or hire of sunbeds

97

(1) This section applies where, in connection with the sale or hire of a sunbed, the premises where the order for the sunbed is taken are not the same as the premises from which the sunbed is despatched for delivery in pursuance of the sale or hire.

(2) Subject to subsection (3), the sale or hire is to be treated, for the purposes of section 96, as taking place on the premises where the order was taken.

(3) Where—

(a) the premises where the order for the sunbed is taken are not in Scotland; and

(b) the premises from which the sunbed is despatched are in Scotland,

the sale or hire is to be treated, for the purposes of section 96, as taking place on the premises from which the sunbed is despatched.

Prohibition on allowing unsupervised use of sunbeds

98

(1) An operator of sunbed premises who, without reasonable excuse, allows a person to use a sunbed on those premises without supervision commits an offence.

(2) In subsection (1), the requirement for supervision is met if the operator (or an employee or agent of the operator) is present on the sunbed premises at any time a person is using a sunbed on those premises.

(3) In proceedings for an offence under subsection (1), it is a defence for the operator to prove that the operator (or an employee or agent of the operator) exercised all due diligence and took all reasonable steps to avoid committing the offence.

Medical use of sunbeds

99

(1) The Scottish Ministers may, by regulations, make provision regarding the application of this Part to sunbeds used for medical purposes.

(2) Regulations under subsection (1) may, in particular, make provision—

(a) as to what is (and is not) a sunbed;

(b) as to what are (and are not) sunbed premises;

(3) Regulations under subsection (1) may modify any enactment (including this Act).

Duty to provide information to sunbed users

100

(1) An operator of sunbed premises who, without reasonable excuse, fails to comply with the requirement in subsections (2) and (3) commits an offence.

(2) The operator must provide a person who proposes to use a sunbed on sunbed premises with such information regarding the effects on health of sunbed use as may be prescribed in accordance with subsection (5).

(3) That information is to be provided each time the person proposes to use a sunbed on those premises.

(4) In proceedings for an offence under subsection (1), it is a defence for the operator to prove that the operator (or an employee or agent of the operator) exercised all due diligence and took all reasonable steps to avoid committing the offence.

(5) The Scottish Ministers may prescribe—

(a) the information which is to be provided;

(b) the form and manner in which that information is to be provided.

Duty to display information notice

101

(1) An operator of sunbed premises who, without reasonable excuse, fails to comply with the requirement in subsection (2) commits an offence.

(2) That requirement is to display a notice—

(a) containing such information as may be prescribed in accordance with subsection (4);

(b) in a position where it is readily visible to persons proposing to use a sunbed on the premises.

(3) In proceedings for an offence under subsection (1), it is a defence for the operator to prove that the operator (or an employee or agent of the operator) exercised all due diligence and took all reasonable steps to avoid committing the offence.

(4) The Scottish Ministers may prescribe—

(a) the information which the notice is to contain;

(b) the form and manner of display of the notice.

Enforcement

Power to enter premises

102

(1) An authorised officer of a local authority may enter and inspect any premises in the area of that authority in order to ascertain whether an offence under section 95, 96, 98, 100 or 101 has been or is being committed there.

(2) The power in subsection (1) may be exercised only at a reasonable time.

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