Public Health etc. (Scotland) Act 2008

• (3) The authorised officer must, if requested to do so, produce a document showing that officer's authority.

• (4) When exercising the power in subsection (1), an authorised officer may take a constable if the authorised officer has reasonable cause to expect any serious obstruction in obtaining access.

• (5) An authorised officer may—

• (a) require the production of (or, where the information is recorded electronically, the furnishing of extracts from) any records which it is necessary for the authorised officer to see for the purposes of this Part; and

• (b) inspect and take copies of, or of any entry in, the records.

• (6) Nothing in subsection (5) compels the production by any person of a document subject to legal privilege.

• (7) A document subject to legal privilege means a communication—

• (a) between a professional legal adviser and the adviser's client; or

• (b) made in connection with or in contemplation of legal proceedings and for the purpose of those proceedings,

which would, in legal proceedings, be protected from disclosure by virtue of any rule of law relating to confidentiality of communications.

• (8) A person commits an offence if the person, without reasonable excuse—

• (a) intentionally obstructs an authorised officer in the exercise of powers under subsection (1);

• (b) fails to comply with a requirement made under subsection (5).

• (9) In proceedings for an offence under subsection (8), 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.

Power to enter premises: entry to dwellinghouses

103

• (1) Where an authorised officer proposes, in the exercise of the power conferred by section 102(1), to enter a dwellinghouse, the condition set out in subsection (2) must be satisfied.

• (2) The condition is that the authorised officer has obtained a warrant from the sheriff in the month preceding the date of entry.

• (3) The sheriff may issue a warrant only if satisfied by evidence on oath that there are reasonable grounds for suspecting that—

• (a) an offence mentioned in section 102(1) has been, or is being, committed; and

• (b) evidence of the commission of that offence may be found in the dwellinghouse.

• (4) In this section, “dwellinghouse” means any premises or part of premises which are wholly or mainly occupied as a person's dwelling.

Power to require identification of operator

104

• (1) Where an authorised officer of a local authority has reason to believe that an operator of sunbed premises in the area of that local authority is committing or has committed an offence under section 95, 98, 100 or 101, the authorised officer may require any person on those premises to give the name and address of the operator.

• (2) When making a requirement under subsection (1), the authorised officer must inform the person—

• (a) that the officer has reason to believe that the operator is committing or has committed an offence under section 95, 98, 100 or 101; and

• (b) that failure to comply with the requirement may be an offence.

• (3) A person commits an offence if the person, without reasonable excuse, fails to comply with a requirement made under subsection (1).

• (4) In proceedings for an offence under subsection (3), 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.

Fixed penalties for offences under section 95, 98, 100 or 101

105

• (1) Where an authorised officer of a local authority has reason to believe that an operator of sunbed premises in the area of that authority has committed an offence under section 95, 98, 100 or 101, the authorised officer may give the operator a notice (a “fixed penalty notice”) offering the operator the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.

• (2) A fixed penalty notice must—

• (a) identify the offence to which it relates; and

• (b) give reasonable particulars of the circumstances alleged to constitute the offence.

• (3) A fixed penalty notice must also state—

• (a) the amount of the fixed penalty;

• (b) the period within which it may be paid;

• (c) the—

• (i) person to whom; and

• (ii) address at which,

payment may be made;

• (d) the method or methods by which payment may be made;

• (e) the consequences of not making payment before the end of the period for payment of the fixed penalty.

• (4) The amount of the fixed penalty is—

• (a) in the case of an offence under section 95, £100;

• (b) in the case of an offence under section 98, 100 or 101, £50.

• (5) The period for payment of the fixed penalty is 28 days beginning with the day on which the notice was given.

• (6) The local authority may extend the period for payment of the fixed penalty in any particular case if they consider it appropriate to do so, by giving notice to the operator.

• (7) No proceedings for an offence under section 95, 98, 100 or 101 may be commenced before the end of the period for payment of the fixed penalty.

• (8) No such proceedings may be commenced or continued if payment of the penalty is made before the end of the period for payment or is accepted by the local authority after the end of that period.

• (9) In proceedings for an offence under section 95, 98, 100 or 101, a certificate which—

• (a) purports to be signed by or on behalf of a person having responsibility for the financial affairs of the local authority; and

• (b) states that payment of the amount specified in the fixed penalty notice was or was not received by the expiry of the period within which that fixed penalty may be paid,

is sufficient evidence of the facts stated.

• (10) Any sum received by a local authority under this section accrues to that authority.

• (11) The Scottish Ministers may by regulations—

• (a) provide that fixed penalty notices may not be given in such circumstances as may be prescribed;

• (b) provide for the form of a fixed penalty notice;

• (c) provide for the method or methods by which fixed penalties may be paid;

• (d) modify subsection (4) so as to substitute a different amount (not exceeding level 2 on the standard scale) for an amount for the time being specified there;

• (e) modify subsection (5) so as to substitute a different period for the period for the time being specified there;

• (f) provide for the keeping of accounts, and the preparation and publication of statements of account relating to fixed penalties under this section.

Withdrawal of notices

106

• (1) The local authority must consider any representations made by or on behalf of the recipient of a fixed penalty notice and decide in all the circumstances whether to withdraw the notice.

• (2) Where a fixed penalty notice is withdrawn in accordance with subsection (1)—

• (a) the local authority must give notice of the withdrawal to the person to whom the fixed penalty notice was given;

• (b) the local authority must repay any amount which has been paid under the fixed penalty notice; and

• (c) no proceedings are to be commenced or continued against that person for the offence in question.

Penalties for offences under Part 8

107

Any person who commits an offence under this Part is liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

Interpretation

Interpretation of Part 8

108

In this Part—

• “authorised officer” means an officer of a local authority authorised for the purposes of this Part;

• “operator” means the person having management or control of sunbed premises;

• “sunbed” means an electrically-powered device designed to produce tanning of the skin by the emission of artificial ultraviolet radiation; and

• “sunbed premises” means premises in which persons are permitted to use a sunbed for payment.

Part 9 — Statutory nuisances

Insect nuisance

109

• (1) Section 79 (statutory nuisances and inspections) of the Environmental Protection Act 1990 (c. 43) (the “1990 Act”) is amended as follows.

• (2) In subsection (1), after paragraph (fa), insert—

(faa) any insects emanating from premises and being prejudicial to health or a nuisance;

.

• (3) After subsection (5A), insert—

(5AA) Subsection (1)(faa) above does not apply to insects that are wild animals included in Schedule 5 to the Wildlife and Countryside Act 1981 (c. 69). (5AB) For the purposes of subsection (1)(faa) above, “premises” does not include— (a) a site of special scientific interest (within the meaning of section 3(6) of the Nature Conservation (Scotland) Act 2004 (asp 6)); (b) such other place (or type of place) as may be prescribed in regulations made by the Scottish Ministers. (5AC) Before making regulations under subsection (5AB)(b) above, the Scottish Ministers must consult, in so far as it is reasonably practicable to do so, the persons mentioned in subsection (5AD) below. (5AD) Those persons are— (a) such associations of local authorities; and (b) such other persons, as the Scottish Ministers consider appropriate.

.

• (4) In subsection (7), in the definition of “premises”, after “land” insert “ (subject to subsection (5AB) above) ”.

Artificial light nuisance

110

• (1) Section 79 of the 1990 Act is further amended as follows.

• (2) In subsection (1), after paragraph (fb), insert—

(fba) artificial light emitted from— (i) premises; (ii) any stationary object, so as to be prejudicial to health or a nuisance;

.

• (3) In subsection (2)—

• (a) after “(1)(b)” insert “ , (fba) ”;

• (b) after “premises” insert “ (or, in respect of paragraph (fba)(ii) above, a stationary object located on premises) ”.

• (4) After subsection (5B), insert—

(5BA) Subsection (1)(fba) above does not apply to artificial light emitted from a lighthouse (within the meaning of Part 8 of the Merchant Shipping Act 1995 (c. 21)).

.

Statutory nuisance: land covered with water

111

• (1) Section 79 of the 1990 Act is further amended as follows.

• (2) In subsection (1), after paragraph (e), insert—

(ea) any water covering land or land covered with water which is in such a state as to be prejudicial to health or a nuisance;

.

• (3) After subsection (5), insert—

(5ZA) For the purposes of subsection (1)(ea) above, “land”— (a) includes structures (other than buildings) in, on or over land; (b) does not include— (i) mains or other pipes used for carrying a water supply; (ii) any part of the public sewerage system; (iii) any other sewers, drains or other pipes used for carrying sewage; (iv) the foreshore, that is to say, the land between the high and low water marks of ordinary spring tides; (v) the seabed. (5ZB) In subsection (5ZA) above— - “drain”, “sewage” and “sewer” have the meanings given by section 59 of the Sewerage (Scotland) Act 1968 (c. 47); - “main” has the meaning given by section 109(1) of the Water (Scotland) Act 1980 (c. 45); - “pipe” includes a service pipe within the meaning of that section of that Act; - “public sewerage system” has the meaning given by section 29 of the Water Services etc. (Scotland) Act 2005 (asp 3).

.

Power to make further provision regarding statutory nuisances

112

• (1) The 1990 Act is further amended as follows.

• (2) In section 79—

• (a) in subsection (1), for “(1A)” substitute “ (1ZA) ”and

• (b) after subsection (1), insert—

(1ZA) The Scottish Ministers may by regulations— (a) amend this section so as to— (i) prescribe additional matters which constitute statutory nuisances for the purposes of this Part; (ii) vary the description of any matter which constitutes a statutory nuisance; (b) in relation to an amendment under paragraph (a), amend this Act and any other enactment to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Scottish Ministers consider appropriate. (1ZB) Before making regulations under subsection (1ZA) above, the Scottish Ministers must consult, in so far as it is reasonably practicable to do so, the persons mentioned in subsection (1ZC) below. (1ZC) Those persons are— (a) such associations of local authorities; and (b) such other persons, as the Scottish Ministers consider appropriate.

.

Enforcement of statutory nuisances: fixed penalty notice

113

• (1) The 1990 Act is further amended as follows.

• (2) In section 80 (summary proceedings for statutory nuisances), after subsection (4), insert—

(4A) Where a local authority have reason to believe that a person has committed an offence under subsection (4) above, the local authority may give that person a notice (a “fixed penalty notice”) in accordance with section 80ZA offering the person the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.

.

• (3) After that section, insert—

(80ZA) (1) This section applies to a fixed penalty notice given under section 80(4A). (2) A fixed penalty notice must give reasonable particulars of the circumstances alleged to constitute the offence. (3) A fixed penalty notice must also state— (a) the amount of the fixed penalty; (b) the period within which it may be paid; (c) the— (i) person to whom; and (ii) address at which, payment may be made; (d) the method or methods by which payment may be made; (e) the consequences of not making a payment within the period for payment. (4) The amount of the fixed penalty under section 80(4A) is— (a) in the case of a nuisance relating to industrial, trade or business premises, £400; (b) in any other case, £150. (5) The period for payment of the fixed penalty is 14 days beginning with the day after the day on which the notice is given. (6) The local authority may extend the period for paying the fixed penalty in any particular case if they consider it appropriate to do so by sending notice to the person to whom the fixed penalty notice was given. (7) No proceedings for an offence under section 80(4) may be commenced before the end of the period for payment of the fixed penalty. (8) In proceedings for an offence under section 80(4), a certificate which— (a) purports to be signed by or on behalf of a person having responsibility for the financial affairs of the local authority; and (b) states that payment of the amount specified in the fixed penalty notice was or was not received by the expiry of the period within which that fixed penalty may be paid, is sufficient evidence of the facts stated. (9) Where proceedings for an offence in respect of which a fixed penalty notice has been given are commenced, the notice is to be treated as withdrawn. (10) Any sum received by a local authority under section 80(4A) accrues to that authority. (11) The Scottish Ministers may, by regulations— (a) provide that fixed penalty notices may not be given in such circumstances as may be prescribed; (b) provide for the form of a fixed penalty notice; (c) provide for the method or methods by which fixed penalties may be paid; (d) modify subsection (4)(a) or (b) above so as to substitute a different amount (not exceeding level 2 on the standard scale) for the amount for the time being specified there; (e) provide for the amount of the fixed penalty to be different in different cases or descriptions of case; (f) modify subsection (5) above so as to substitute a different period for the period for the time being specified there; (g) provide for the keeping of accounts, and the preparation and publication of statements of account relating to fixed penalties under section 80(4A). (12) Before making regulations under subsection (11) above, the Scottish Ministers must consult, in so far as it is reasonably practicable to do so, the persons mentioned in subsection (13) below. (13) Those persons are— (a) such associations of local authorities; and (b) such other persons, as the Scottish Ministers consider appropriate.

.

• (4) In section 81 (supplementary provisions), for subsection (3), substitute—

(3) Where an abatement notice has not been complied with, the local authority may, whether or not— (a) proceedings have been taken for an offence under section 80(4); or (b) a fixed penalty notice has been given under section 80(4A) in respect of that offence (regardless of whether the fixed penalty notice is accepted), abate the nuisance and do whatever may be necessary in execution of the abatement notice.

.

Procedure for regulations

114

• (1) Section 161 (regulations, orders and directions) of the 1990 Act is amended as follows.

• (2) In subsection (2), at the beginning insert “ Subject to subsection (2B) below, ”.

• (3) After subsection (2A), insert—

(2B) No statutory instrument containing regulations made under section 79(1ZA) or 80ZA(11) above may be made unless a draft of it has been laid before, and approved by resolution of, the Scottish Parliament.

.

Sewerage nuisance: local authority powers

115

• (1) Section 26 of the Water Services etc. (Scotland) Act 2005 (asp 3) is amended as follows.

• (2) In subsection (10), for the words from “nuisance” in the second place where it appears to the end, substitute

nuisance— (a) which constitutes a sewerage nuisance; and (b) in respect of which a sewerage code applies.

.

• (3) After that subsection, insert—

(10A) Paragraphs 2, 3 and 5 of Schedule 3 to the Environmental Protection Act 1990 (c. 43) apply to the exercise of functions by a local authority under this section as they apply to the exercise of functions under Part III of that Act, with the following modifications— (a) in paragraph 2(1)(a), for “statutory nuisance” substitute “ sewerage nuisance ” (b) in paragraph 2(1)(b) and (4)(b), for “Part III” substitute “ section 26 of the Water Services etc. (Scotland) Act 2005 (asp 3) ”; (c) in paragraph 3(1), for the words from “, on summary conviction” to the end substitute— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine. (d) in paragraph 3(2), for the words from “, on summary conviction” to the end substitute— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to a fine. (e) in paragraph 5— (i) for the words “executing Part III” substitute “ exercising functions under section 26 of the Water Services etc. (Scotland) Act 2005 ”; (ii) the words from “(other” to the end are to be disregarded.

.

Part 10 — General and miscellaneous

General and miscellaneous

Equal opportunities

116

• (1) The Scottish Ministers, health boards, health board competent persons, local authorities and local authority competent persons must exercise their functions conferred by virtue of this Act in a manner which encourages equal opportunities and in particular the observance of the equal opportunities requirements.

• (2) In this section, “equal opportunities” and the “equal opportunities requirements” have the same meanings as those expressions have in section L2 of Part 2 of Schedule 5 to the Scotland Act 1998 (c. 46).

Disclosure of information

117

• (1) A relevant authority may disclose information held by it to another relevant authority for the purpose of facilitating the exercise of functions under a provision of—

• (a) this Act; or

• (b) any other enactment relating to the protection of public health.

• (2) A relevant authority may disclose information held by it to any other person if the authority considers that it is necessary to do so for the purposes of, or in connection with, the protection of public health.

• (3) An employee of the relevant authority authorised by it to make the disclosure or any other person so authorised may disclose information under subsection (1) or (2).

• (4) Information may be disclosed—

• (a) in the case of disclosure under subsection (1), to any employee of the other relevant authority authorised by it to receive the information or to any other person so authorised;

• (b) in the case of disclosure under subsection (2), to any employee of the other person authorised by that other person to receive the information or to any other person so authorised.

• (5) Information may be disclosed under subsection (1) or (2) despite any prohibition or restriction on such disclosure imposed by or under any enactment or rule of law.

• (6) But subsection (5) does not affect the application of the data protection legislation to disclosure of information under subsection (1) or (2).

• (7) No person is to be subject to any civil or criminal liability in consequence of any disclosure made by virtue of this section.

• (7A) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

• (8) In this section, “relevant authority” means—

• (a) a health board;

• (b) a special health board;

• (c) a local authority;

• (d) the common services agency;

• (da) Healthcare Improvement Scotland;

• (e) the Scottish Ministers.

• (9) The Scottish Ministers may by regulations modify the meaning of “relevant authority” in subsection (8).

• (10) Regulations under subsection (9) may modify any enactment (including this Act).

• (11) Any person who, by virtue of this Act—

• (a) must or may provide information; or

• (b) provides or receives information for the purposes of any provision of this Act,

must have regard to any guidance given by the Scottish Ministers.

Liability of persons exercising functions

118

• (1) A person is not liable in any civil or criminal proceedings for anything done in the purported exercise of any function conferred by virtue of this Act (except section 117) where the person acts—

• (a) on reasonable grounds; and

• (b) in good faith.

• (2) Subsection (1) does not affect the liability of any other person in respect of the thing done.

Offences by bodies corporate etc.

119

• (1) Where an offence under this Act—

• (a) by a body corporate (other than a limited liability partnership), is committed with the consent or connivance of, or is attributable to neglect on the part of—

• (i) any director, manager, secretary or other similar officer of the body corporate; or

• (ii) a person who purports to act in any such capacity;

• (b) by a limited liability partnership, is committed with the consent or connivance of, or is attributable to neglect on the part of—

• (i) any member of that partnership; or

• (ii) a person who purports to act as a member;

• (c) by a Scottish partnership (other than a limited liability partnership), is committed with the consent or connivance of, or is attributable to neglect on the part of—

• (i) any partner; or

• (ii) a person who purports to act as a partner,

that person as well as the body corporate, the limited liability partnership or the partnership (as the case may be) is guilty of the offence and is liable to be proceeded against and punished accordingly.

• (2) Where the affairs of a body corporate (other than a limited liability partnership) are managed by its members, subsection (1) applies in relation to the acts and omissions of a member in connection with the member's functions of management as if the member were a director of the body corporate.

Penalties for offences under this Act

120

• (1) Subject to subsection (2), any person who commits an offence under this Act (except Part 8) is liable—

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

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

• (2) Any person who commits an offence under section 69(1) or 70(3) or (4) in relation to an exclusion or restriction order is liable, on summary conviction, to imprisonment for a period not exceeding 12 months or a fine not exceeding level 5 on the standard scale or both.

Form of applications etc.

121

The Scottish Ministers may, by regulations, prescribe the form of any application or order under this Act.

Regulations and orders

122

• (1) Any power conferred by this Act on the Scottish Ministers to make regulations or orders is exercisable by statutory instrument.

• (2) Any such power—

• (a) may be exercised so as to make different provision for different cases or descriptions of case or for different purposes;

• (b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Scottish Ministers think fit.

• (3) The Scottish Ministers must, before making regulations under this Act, consult, in so far as it is reasonably practicable to do so, such persons as they consider appropriate.

• (4) A statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (5) No statutory instrument containing regulations made under section 25(3), 86A(1), 94(1), 99(1) or 105(11) may be made unless a draft of it has been laid before, and approved by resolution of, the Scottish Parliament.

• (6) Subsection (5) does not apply to regulations made under section 25(3) , 86A(1) or 94(1) if the Scottish Ministers consider that the regulations need to be made urgently (but see subsection (11)).

• (7) Where subsection (6) applies, the regulations (the “emergency regulations”)—

• (a) must be laid before the Scottish Parliament; and

• (b) cease to have effect at the expiry of the period of 28 days beginning with the date on which the regulations were made unless, before the expiry of that period, the regulations have been approved by a resolution of the Parliament.

• (8) Subsection (7)(b) does not apply in relation to regulations which—

• (a) revoke (in whole or in part) emergency regulations; and

• (b) do—

• (i) nothing else; or

• (ii) nothing else except make provision incidental or supplementary to the revocation.

• (9) In calculating any period of 28 days for the purposes of subsection (7)(b), no account is to be taken of any period during which the Scottish Parliament is—

• (a) dissolved; or

• (b) in recess for more than 4 days.

• (10) Where emergency regulations cease to have effect under subsection (7)(b), that does not—

• (a) affect anything previously done by reference to the regulations;

• (b) prevent new emergency regulations being made to the same or similar effect.

• (11) Subsection (6) does not apply to regulations under section 86A(1) which make provision modifying an Act of the Scottish Parliament or an Act of Parliament.

• (12) Where subsection (6) applies to regulations made under section 86A(1)—

• (a) the Scottish Ministers must explain why they consider that the regulations need to be made urgently, and

• (b) the regulations must include provision for them to expire on a day specified in the regulations.

• (13) Subsection (12)(b) does not apply where the regulations amend regulations in which the provision mentioned in subsection (12)(b) has already been included.

Meaning of “premises”

123

In this Act—

• “premises” includes—any land or building; orany other place, including— a tent or other moveable structure, a mobile home; ...a vehicle , and an offshore installation (within the meaning given by regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 (S.I. 1995/738)).

• “mobile home” includes a caravan or houseboat used as a dwelling; and

• “vehicle” includes any vessel, aircraft or hovercraft.

Interpretation

124

In this Act, unless the context otherwise requires—

• “the 1978 Act” means the National Health Service (Scotland) Act 1978 (c. 29);

• “the 1990 Act” means the Environmental Protection Act 1990 (c. 43);

• “common services agency” means the Common Services Agency for the Scottish Health Service;

• “contamination” has the meaning given by section 1(5);

• “dwellinghouse” has the meaning given by section 26(4);

• “exceptional detention order” means an order under section 45(1);

• “exclusion order” means an order under section 37(2);

• “health board” means a board constituted by an order under section 2(1)(a) of the 1978 Act;

• “health board competent person” means a person designated by a health board under section 3(1);

• “health care professional” has the meaning given by section 33(4);

• “health risk state” has the meaning given by section 14(7);

• “hospital” means—any health service hospital (as defined in section 108(1) of the 1978 Act); andany state hospital (being a hospital provided under section 102(1) of that Act);

• “hydrolysis” has the meaning given in section 107 of the Burial and Cremation (Scotland) Act 2016; and “hydrolysed” is to be construed accordingly,

• “infectious disease” has the meaning given by section 1(5);

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

• “local authority competent person” means a person designated by a local authority under section 5(1);

• “NHS identifier” has the meaning given by section 13(8);

• “notifiable disease” has the meaning given by section 12(1);

• “notifiable organism” has the meaning given by section 12(1);

• “prescribed” means prescribed by the Scottish Ministers by regulations;

• “protecting public health” has the meaning given by section 1(2);

• “public health investigation” has the meaning given by section 21(1);

• “quarantine order” means an order under section 40(1);

• “restriction order” means an order under section 38(2);

• “short term detention order” means an order under section 42(1) or 43(1); and

• “special health board” means a board constituted by an order under section 2(1)(b) of the 1978 Act.

Minor and consequential amendments

125

Schedule 2 (which contains minor amendments and amendments consequential on this Act) has effect.

Repeals, revocations and saving

126

• (1) Schedule 3 (which contains repeals and revocations) has effect.

• (2) Despite the repeal by schedule 3 of the Public Health (Scotland) Act 1897 (c. 38), section 166 of that Act continues to have effect for the purposes of section 101 of the 1978 Act (protection of health boards and common services agency).

Crown application

127

• (1) This Act and any regulations and orders made under it bind the Crown.

• (2) No contravention by the Crown of any provision made by virtue of this Act makes the Crown criminally liable.

• (3) But the Court of Session may, on the application of any public body or office-holder having responsibility for enforcing that provision, declare unlawful any act or omission of the Crown which constitutes such a contravention.

• (4) Despite subsection (2), any provision made by virtue of this Act applies to persons in the public service of the Crown as it applies to other persons.

• (5) Nothing in this section affects Her Majesty in her private capacity.

Short title and commencement

128

• (1) This Act may be cited as the Public Health etc. (Scotland) Act 2008.

• (2) This Act (except this section and section 122) comes into force on such day as the Scottish Ministers may by order appoint.

SCHEDULE 1

Part 1 — Notifiable diseases

Part 2 — Notifiable organisms

SCHEDULE 2

The Public Works Loans Act 1887 (c. 37)

1

In the Public Works Loans Act 1887, in section 4(2) (meaning of “rating authority”), for paragraph (a) substitute—

(a) any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

.

The Children and Young Persons (Scotland) Act 1937 (c. 37)

2

In the Children and Young Persons (Scotland) Act 1937, in section 35(3) (evidence of byelaws)—

• (a) for the words “Public Health (Scotland) Act 1897” substitute “ Local Government (Scotland) Act 1973 (c. 65) ”; and

• (b) for the words “section one hundred and eighty-seven” substitute “ section 204 ”.

The Prevention of Damage by Pests Act 1949 (c. 55)

3

In the Prevention of Damage by Pests Act 1949, in section 1(2) (meaning of “local authorities”), for the words from “local authorities” where they second occur to the end substitute “ councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39). ”.

The Pests Act 1954 (c. 68)

4

In the Pests Act 1954, in section 6 (charges for inspection of ships)—

• (a) for the words from “local authority”, where they first occur, to “1897” substitute “ council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39) ” and

• (b) for the words “the authority” in each place where they occur substitute “ the council ”.

The Offices, Shops and Railway Premises Act 1963 (c. 41)

5

In the Offices, Shops and Railway Premises Act 1963, in section 9(6) (application of enactments to sanitary conveniences)—

• (a) for “relate” substitute “ relates ”; and

• (b) for “shall” substitute “ shall not ”.

The Statutory Nuisance (Appeals) (Scotland) Regulations 1996 (S.I. 1996/1076)

6

• (1) The Statutory Nuisance (Appeals) (Scotland) Regulations 1996 are amended as follows.

• (2) After regulation 2(2)(e)(iii) (appeals under section 80(3) of the 1990 Act), insert

; or (iv) is a nuisance falling within section 79(1)(ea), (faa) or (fba) of the 1990 Act,

.

SCHEDULE 3

Part 1 — Repeals

Part 2 — Revocations

Duty of Scottish Ministers to protect public health

Artificial light nuisance

Public health incidents

Power to make further provision regarding statutory nuisances

Procedure for regulations

Sewerage nuisance: local authority powers

International travel

Prohibition on allowing use of sunbeds by persons under 18

Insect nuisance

Artificial light nuisance

Statutory nuisance: land covered with water

Enforcement of statutory nuisances: fixed penalty notice

Sewerage nuisance: local authority powers

Equal opportunities

The Public Works Loans Act 1887 (c. 37)

The Children and Young Persons (Scotland) Act 1937 (c. 37)

The Prevention of Damage by Pests Act 1949 (c. 55)

The Pests Act 1954 (c. 68)

The Offices, Shops and Railway Premises Act 1963 (c. 41)

The Statutory Nuisance (Appeals) (Scotland) Regulations 1996 (S.I. 1996/1076)

Editorial notes

[^key-0006cbe819ba35d000c5fd3226b5de7c]: S. 66 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-013dbec782cdf48c413681556b2397f5]: S. 1 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-03c19bacce3835336a565a7a28b5a416]: Sch. 2 para. 2 in force at 26.1.2009 by S.S.I. 2009/9, art. 2(a), Sch. 1

[^key-05e6d29eed6919525873ec3b5496634c]: S. 18 in force at 1.1.2010 by S.S.I. 2009/404, art. 2(3), Sch. 3

[^key-0b596c9c5be45f892d829d6d11ab229d]: S. 123 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-0c00acda383c34d00c635d6a749a95f8]: S. 126(1) in force at 1.10.2009 for specified purposes by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-0c1b2b60181f18ba7aadb668695a1fa7]: S. 99 in force at 1.12.2009 by S.S.I. 2009/404, art. 2(1), Sch. 1

[^key-0d29320b6ce6a654e328d9343a596216]: Words in s. 122(6) inserted (1.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 1(3)(b)(ii), 59(1)

[^key-0ee1d1e934572febf10841ed7c94980f]: S. 90 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-0ef74d400b60f65b87e02952cb13b0b6]: S. 47 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-0fdf279ead6592c4079cb0f024129291]: S. 101 in force at 1.12.2009 in so far as not already in force by S.S.I. 2009/404, art. 2(1), Sch. 1

[^key-1001166c6f9b3d2b206fb1ffb375e6e0]: S. 59 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-100dadf77159a386dd9f0cdaefd46b73]: Sch. 2 para. 5 in force at 26.1.2009 by S.S.I. 2009/9, art. 2(a), Sch. 1

[^key-10818897737d6bfdd9f6033306947ede]: S. 77 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-110efabaa6983cca3870b98bf9c034b7]: S. 25 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-119a29e5a8aa3a003a8ca464fe49fd17]: S. 96(5)(aa) inserted (31.12.2020) by The Public Health and Tobacco (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/142), regs. 1, 2(3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-11feeb3a1239c046f58fa16464cd66fa]: Sch. 2 para. 6 in force at 26.1.2009 by S.S.I. 2009/9, art. 2(a), Sch. 1

[^key-14aebf76c0d13181d7c9e5db5e34acf1]: S. 81 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-18b60f9ef3bd8ecae98c22ac425832f2]: S. 95(4)(aa) inserted (31.12.2020) by The Public Health and Tobacco (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/142), regs. 1, 2(2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1a5e7f19c82bf55da81acf36c5e15333]: S. 92(1)(b)(i) and sub-para reference (ii) inserted (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 1 para. 2(a) (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8)

[^key-1c2d45d7ac1b589fbbf0e6d1edaaaf78]: S. 56 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-1d7361dbc67a3c560d0b49b06723a482]: S. 63 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-1fbe3b64e74b1d617988b2f4af4d44cc]: Pt. 5A inserted (1.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 1(2), 59(1)

[^key-21ebb991c9df4a39842b95fa4873a7fa]: S. 6 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-226250bc28abc2f40c49d27a7ee95f73]: S. 70 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-253aefd832fe45d9916a4bdcfffdbe2b]: Word in sch. 1 Pt. 1 inserted (16.6.2022 at 5.00 p.m.) by The Public Health etc. (Scotland) Act 2008 (Notifiable Diseases and Notifiable Organisms) Amendment Regulations 2022 (S.S.I. 2022/212), regs. 1(2), 2(a)

[^key-284e988415035b22c326fb5869b5e715]: S. 5 in force at 1.10.2009 in so far as not already in force by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-2a65663022b93c3bd4a461a217fc3229]: S. 117(7A) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 155(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

[^key-2a82e6733191b23c4fd7edd8312d7ac0]: S. 65 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-2b66f9fff9d57ad0d61e468639a49e79]: S. 33 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-2c21209b9f28d5a6c5e18954bc17431a]: S. 92 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-2c2c3b2c3dd9dd2959119c8e634b4c18]: S. 10 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-304ceb6b6ff8fe677f7b549155d89f2d]: S. 30 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-31352144a998dd5f67bb8b447ae57156]: S. 107 in force at 1.12.2009 by S.S.I. 2009/404, art. 2(1), Sch. 1

[^key-31b685087af6374027f7267ea6d27a88]: S. 26 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-34243531b27052d6b713db5d6654a3ca]: S. 41 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-34ebaaa8828f8a6b55e0b21d66b4390c]: Words in s. 123 inserted (1.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 3(2)(a)(i), 59(1)

[^key-3570ce3799c7e2973d141f5348882f5a]: S. 27 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-36d0135d42a4cf69f9de3e1d06b4422a]: S. 71 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-37ec54dc5b0307dfa82a73146b4575c8]: S. 111 in force at 26.1.2009 by S.S.I. 2009/9, art. 2(a), Sch. 1

[^key-387b1e4d8f7df22b62b8a8a3465a631d]: S. 112 in force at 26.1.2009 by S.S.I. 2009/9, art. 2(a), Sch. 1

[^key-390a0bee522a2b618a75e3a539931ea8]: S. 19 in force at 1.1.2010 by S.S.I. 2009/404, art. 2(3), Sch. 3

[^key-3a214adcbc5686834a1cb217b0e58431]: S. 49 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-3e273c279f7e411b1e45e8246b578b4f]: S. 58 modified (temp.) (24.3.2022 until the end of 31.10.2022) by Coronavirus (Discretionary Compensation for Self-isolation) (Scotland) Act 2022 (asp 2), ss. 1(3), 6 (with ss. 2-4)

[^key-3ea97c8504f5ceb91780c8ce0fea84b4]: S. 15 in force at 1.1.2010 by S.S.I. 2009/404, art. 2(3), Sch. 3

[^key-40a225dfbfdf1e64b1be4cecd02ac2d4]: S. 43 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-410f7ac134b493e7e92594a8b37a756d]: S. 89 in force at 1.4.2009 by S.S.I. 2009/9, art. 2(b), Sch. 2

[^key-41ef049815028d2ff2e92abd00b27322]: S. 116 in force at 1.4.2009 by S.S.I. 2009/9, art. 2(b), Sch. 2

[^key-4261b775efdc9c22029d1f65bb0c127b]: Sch. 3 Pt. 1 in force at 1.1.2010 for specified purposes by S.S.I. 2009/404, art. 2(3), Sch. 3

[^key-429a937342981f736299d4b6844dcabc]: S. 85 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-429af6a009fe47eeb78e2549f96ae02f]: S. 126 in force at 1.1.2010 for specified purposes by S.S.I. 2009/404, art. 2(3), Sch. 3

[^key-436e0470ab336f608fe424127f232b8c]: S. 6(2)(da) inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 17 para. 37(a); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2011/122, art. 2, Sch.

[^key-45317f9331cbb87a4790cb6018e5a613]: Sch. 2 para. 4 in force at 26.1.2009 by S.S.I. 2009/9, art. 2(a), Sch. 1

[^key-47b6c2dd9f1ba1f85fb597bff1e4aa9a]: S. 68 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-48b324d79014db6a1f9391404c72bf83]: Word in s. 92(1)(b) inserted (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 1 para. 2(b) (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8)

[^key-4b73ffdbf6ef37570faa5a0a5acf7d3d]: S. 114 in force at 26.1.2009 by S.S.I. 2009/9, art. 2(a), Sch. 1

[^key-4ff574860838ae1e4bdff3a077a4e323]: S. 48 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-505d55eb77052c8489d2f978c1c28a5d]: S. 83 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-508f182bf12025f8c06a95bb0669a94f]: S. 22 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-520347bd31d6a12d90866cbb7dfc9ba9]: S. 72 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-5231b3e4d2e6e02a4d74b79a1977265d]: S. 94(2)(ia)-(if) inserted (1.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 2(2)(b)(ii), 59(1)

[^key-53293042cf079d07141eb62e96a7a8a7]: S. 67 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-54f2bc041c2cae389c794c49fd598167]: S. 64 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-56c05810db2a62c110ffdc1bc4f5376e]: S. 78 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-579c26b6721635204647fef7748a42cc]: S. 9 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-583594d12fc5d3e544eb7bb728780083]: S. 31 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-59f8fc4727d1a110987b17383160790b]: S. 16 in force at 1.1.2010 by S.S.I. 2009/404, art. 2(3), Sch. 3

[^key-5a9f6449fa01d7427c75b94afe37fdee]: S. 91 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-5aaa80b22dddc103e1bdac234c5cc928]: S. 94(2A)(2B) inserted (1.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 2(2)(c), 59(1)

[^key-5b71a3a166d3e242c2b284a9b0299347]: S. 11 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-5b9991d609ab1c75dc42c30b15c55b66]: S. 7 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-5d174a01e3435b21efb27bf9a72734f4]: S. 79 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-5dce31d45ed1096ef8dc0c6f94380d79]: S. 60 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-5fc5f40d30f83ff6a3bd332e6079c0d0]: Words in sch. 1 Pt. 2 inserted (22.2.2020) by The Public Health etc. (Scotland) Act 2008 (Notifiable Diseases and Notifiable Organisms) Amendment Regulations 2020 (S.S.I. 2020/51), regs. 1(2), 2(2)(b)

[^key-602bd2b85d4dee2aedc10a993832d56b]: Sch. 3 Pt. 1 in force at 1.4.2009 for specified purposes by S.S.I. 2009/9, art. 2(b), Sch. 2

[^key-60ac01e2e803534ca9685aaa113d8567]: S. 100 in force at 1.4.2009 for specified purposes by S.S.I. 2009/9, art. 2(b), Sch. 2

[^key-60b3e5e1b294999dec2f5da4a461ae40]: Sch. 2 para. 3 in force at 26.1.2009 by S.S.I. 2009/9, art. 2(a), Sch. 1

[^key-61262fd36cf859fc4552c94ba4b994c1]: Word in s. 123 substituted (1.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 3(2)(b)(i), 59(1)

[^key-61d15f22a7212ea9c9da19a3cf63fe24]: S. 126 in force at 1.4.2009 for specified purposes by S.S.I. 2009/9, art. 2(b), Sch. 2

[^key-62aea6e97e5bcd4abab4822878e98b44]: S. 50 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-669f3d54b57421032cd0f6d28a4b3da8]: S. 108 in force at 1.12.2009 by S.S.I. 2009/404, art. 2(1), Sch. 1

[^key-679e4f3ba81d7a413f683f85ad0d2d2a]: S. 21(2)(ca) inserted (1.4.2020) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(3)(b), sch. 2 para. 6(4) (with art. 4(4)(5))

[^key-696514a755fe7a6e87cf0563d5c02d3f]: S. 3 in force at 1.10.2009 in so far as not already in force by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-6a3552b0ef4d7ad66192d43024545921]: S. 8(5) inserted (1.4.2015) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 (S.S.I. 2015/157), art. 1(1), Sch. para. 8(3)

[^key-6b20e43b4c515cde5ab0ee6948d7ab85]: Sch. 3 Pt. 1 in force at 1.10.2009 for specified purposes by S.S.I. 2009/319, art. 2(a), Sch. 1 (with art. 3, Sch. 2 para. 2)

[^key-6cfad055d876a5580c3f58e1a4277d22]: S. 93 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-6ecd6f4959275ccf5c8393d6c45e07af]: S. 80 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-6f0831e5f32587c1ec63b5ca6cd6e83e]: S. 55 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-70dcf1bc802694415ee9c6c93cf6c88f]: S. 93(4) repealed (4.4.2019) by Burial and Cremation (Scotland) Act 2016 (asp 20), s. 112(2), sch. 2 (with s. 111); S.S.I. 2018/380, reg. 2, sch. (with reg. 8)

[^key-7196dd65a48f525aa6edb9fe922eed08]: S. 117 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-734322af60521ca65da5145ab54e7a9f]: Word in s. 122(6) inserted (1.9.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 1(3)(b)(i), 59(1)

[^key-757521a78043bc425b8de6a8ad87c42b]: S. 56 modified (temp.) (24.3.2022 until the end of 31.10.2022) by Coronavirus (Discretionary Compensation for Self-isolation) (Scotland) Act 2022 (asp 2), ss. 1(2), 6 (with ss. 2-4)

[^key-796e68e8fdcdbd9fdbb3483e46146da5]: S. 69 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

[^key-7e23fa0df863ef5f2667856be44f8ee8]: S. 97 in force at 1.12.2009 by S.S.I. 2009/404, art. 2(1), Sch. 1

[^key-7f867b4a4b17171777e28a71d3ad0be1]: S. 14 in force at 1.1.2010 by S.S.I. 2009/404, art. 2(3), Sch. 3

[^key-8122151f9ee6325fa511df982cae59bb]: S. 38 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1