LegalizeReform history
Public Health etc. (Scotland) Act 2008
16 versions
· 2008-07-16
2026-03-02
Public Health etc. (Scotland) Act 2008
2022-09-01
Public Health etc. (Scotland) Act 2008
2022-06-16
Public Health etc. (Scotland) Act 2008
2022-03-24
Public Health etc. (Scotland) Act 2008
2021-01-28
Public Health etc. (Scotland) Act 2008
2020-12-31
Public Health etc. (Scotland) Act 2008
2020-04-01
Public Health etc. (Scotland) Act 2008
2020-03-25
Public Health etc. (Scotland) Act 2008
2020-02-22
Public Health etc. (Scotland) Act 2008
2015-04-01
Public Health etc. (Scotland) Act 2008
2010-01-01
Public Health etc. (Scotland) Act 2008
2009-12-01
Public Health etc. (Scotland) Act 2008
2009-10-01
Public Health etc. (Scotland) Act 2008
2009-04-01
Public Health etc. (Scotland) Act 2008
2009-01-26
Public Health etc. (Scotland) Act 2008
Changes on 2009-01-26
@@ -34,15 +34,15 @@
- (3) The Scottish Ministers may, for the purpose of protecting public health in Scotland, provide assistance (including financial assistance) to any person who exercises functions in relation to the protection of public health.
- (4) Subsection (1) is without prejudice to sections 1 and 1A of the National Health Service (Scotland) Act [1978 (c. 29)](https://www.legislation.gov.uk/ukpga/1978/29) (the “1978 Act”) (general duties of Scottish Ministers to provide a health service and to promote the improvement of the health of the people of Scotland).
- (4) Subsection (1) is without prejudice to sections 1 and 1A of the National Health Service (Scotland) Act 1978 (c. 29) (the “*1978 Act*”) (general duties of Scottish Ministers to provide a health service and to promote the improvement of the health of the people of Scotland).
- (5) In this Act—
- “contamination” means contamination with or by a biological, chemical or radioactive substance; and cognate expressions are to be construed accordingly;
- “infectious disease” means an illness or medical condition caused by an infectious agent (including by an organism listed in Part 2 of schedule 1 but not by a contaminant); and
- “protecting public health” has the meaning given by subsection (2); and cognate expressions are to be construed accordingly.
- “*contamination*” means contamination with or by a biological, chemical or radioactive substance; and cognate expressions are to be construed accordingly;
- “*infectious disease*” means an illness or medical condition caused by an infectious agent (including by an organism listed in Part 2 of schedule 1 but not by a contaminant); and
- “*protecting public health*” has the meaning given by subsection (2); and cognate expressions are to be construed accordingly.
### Health boards
@@ -332,9 +332,9 @@
- (1) In this Part—
- “notifiable disease” means a disease listed in Part 1 of schedule 1; and
- “notifiable organism” means an organism listed in Part 2 of schedule 1.
- “*notifiable disease*” means a disease listed in Part 1 of schedule 1; and
- “*notifiable organism*” means an organism listed in Part 2 of schedule 1.
- (2) The Scottish Ministers may by regulations amend a list in schedule 1 by—
@@ -378,7 +378,7 @@
- (b) the ease of transmission of that disease;
- (c) the patient’s circumstances (including age, sex and health); and
- (c) the patient's circumstances (including age, sex and health); and
- (d) any guidance issued by the Scottish Ministers.
@@ -390,25 +390,25 @@
- (6) The information referred to in subsections (2) and (3)(a) is—
- (a) the patient’s name;
- (b) the patient’s address and postcode;
- (c) the patient’s occupation (if the practitioner considers that it is relevant);
- (d) the name, address and postcode of the patient’s place of work or education (if the practitioner considers that it is relevant);
- (e) the patient’s sex;
- (f) the patient’s date of birth;
- (a) the patient's name;
- (b) the patient's address and postcode;
- (c) the patient's occupation (if the practitioner considers that it is relevant);
- (d) the name, address and postcode of the patient's place of work or education (if the practitioner considers that it is relevant);
- (e) the patient's sex;
- (f) the patient's date of birth;
- (g) the suspected disease; and
- (h) the patient’s NHS identifier.
- (h) the patient's NHS identifier.
- (7) In this section and section 14, the “relevant health board” is the health board for the area in which the practitioner works.
- (8) In this Part, “NHS identifier” means—
- (8) In this Part, “*NHS identifier*” means—
- (a) the patient's—
@@ -438,7 +438,7 @@
- (b) the nature of the exposure to that state;
- (c) the patient’s circumstances (including age, sex and health); and
- (c) the patient's circumstances (including age, sex and health); and
- (d) any guidance issued by the Scottish Ministers.
@@ -450,23 +450,23 @@
- (6) The information referred to in subsections (2) and (3)(a) is—
- (a) the patient’s name;
- (b) the patient’s address and postcode;
- (c) the patient’s occupation (if the practitioner considers that it is relevant);
- (d) the name, address and postcode of the patient’s place of work or education (if the practitioner considers that it is relevant);
- (e) the patient’s sex;
- (f) the patient’s date of birth;
- (a) the patient's name;
- (b) the patient's address and postcode;
- (c) the patient's occupation (if the practitioner considers that it is relevant);
- (d) the name, address and postcode of the patient's place of work or education (if the practitioner considers that it is relevant);
- (e) the patient's sex;
- (f) the patient's date of birth;
- (g) the suspected health risk state; and
- (h) the patient’s NHS identifier.
- (7) In this section and section 15, “health risk state” means—
- (h) the patient's NHS identifier.
- (7) In this section and section 15, “*health risk state*” means—
- (a) a highly pathogenic infection; or
@@ -518,13 +518,13 @@
- (3) The information referred to in subsection (1) is—
- (a) the patient’s postcode;
- (b) the patient’s occupation;
- (c) the patient’s sex;
- (d) the patient’s date of birth;
- (a) the patient's postcode;
- (b) the patient's occupation;
- (c) the patient's sex;
- (d) the patient's date of birth;
- (e) the—
@@ -532,7 +532,7 @@
- (ii) suspected health risk state; and
- (f) the patient’s NHS identifier.
- (f) the patient's NHS identifier.
- (4) Where—
@@ -548,7 +548,7 @@
- (b) subsection (2) applies to a return sent under this subsection as it applies to a return sent under subsection (1) with the modification that, for the reference to subsection (1)(a), there is substituted a reference to subsection (4).
- (6) In subsection (2), “week” means a period of 7 days ending on Friday at the expiry of the normal working hours of the board’s principal office.
- (6) In subsection (2), “*week*” means a period of 7 days ending on Friday at the expiry of the normal working hours of the board's principal office.
#### Notifiable organisms: duties on directors of diagnostic laboratories
@@ -572,7 +572,7 @@
- (c) the ease of transmission of that disease or organism;
- (d) where known, the patient’s circumstances (including age, sex and health); and
- (d) where known, the patient's circumstances (including age, sex and health); and
- (e) any guidance issued by the Scottish Ministers.
@@ -586,15 +586,15 @@
- (a) the name of the person to whom the identification relates;
- (b) the person’s address;
- (c) the person’s sex;
- (d) the person’s date of birth;
- (b) the person's address;
- (c) the person's sex;
- (d) the person's date of birth;
- (e) the organism which has been identified; and
- (f) the person’s NHS identifier.
- (f) the person's NHS identifier.
- (7) Where—
@@ -614,9 +614,9 @@
- (10) In this section and section 17—
- “diagnostic laboratory” means an institution (or facility within an institution) which is equipped with apparatus and reagents for the performance of diagnostic tests for human infections; and
- “director” of a diagnostic laboratory means— the clinical microbiologist, consultant pathologist or other registered medical practitioner or other person in charge of a diagnostic laboratory; or any other person working in the diagnostic laboratory to whom the function of making a notification under this section has been delegated by the person mentioned in paragraph (a).
- “*diagnostic laboratory*” means an institution (or facility within an institution) which is equipped with apparatus and reagents for the performance of diagnostic tests for human infections; and
- “director” of a diagnostic laboratory means—the clinical microbiologist, consultant pathologist or other registered medical practitioner or other person in charge of a diagnostic laboratory; orany other person working in the diagnostic laboratory to whom the function of making a notification under this section has been delegated by the person mentioned in paragraph (a).
### Offences
@@ -638,7 +638,7 @@
- (4) In proceedings for an offence under subsection (3), it is a defence for the body corporate to prove that the body corporate (or an employee or agent of the body corporate) exercised all due diligence and took all reasonable steps to avoid committing the offence.
- (5) In subsection (3)(b), “employed” includes engaged under a contract for services.
- (5) In subsection (3)(b), “*employed*” includes engaged under a contract for services.
### Supplementary provision
@@ -720,13 +720,13 @@
- (b) there are reasonable grounds to suspect that any premises are or thing is so infected, infested or contaminated.
- (7) In subsection (6), “infected”, “infested” and “contaminated” have the meanings given by section 72(5).
- (7) In subsection (6), “*infected*”, “*infested*” and “*contaminated*” have the meanings given by section 72(5).
#### Public health investigations
##### 21
- (1) In this Part, a “public health investigation” means an investigation into the cause (or causes) of a public health incident.
- (1) In this Part, a “*public health investigation*” means an investigation into the cause (or causes) of a public health incident.
- (2) A public health investigation may be carried out by a person appointed for the purpose by—
@@ -826,7 +826,7 @@
- (6) A document subject to legal privilege means a communication—
- (a) between a professional legal adviser and the adviser’s client; or
- (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,
@@ -852,11 +852,11 @@
##### 25
- (1) An investigator entitled to exercise a power under section 22, 23 or 24 must, if requested to do so, produce a document showing that investigator’s authority.
- (1) An investigator entitled to exercise a power under section 22, 23 or 24 must, if requested to do so, produce a document showing that investigator's authority.
- (2) An investigator may require any person to provide the investigator with such facilities and assistance with respect to any matters or things—
- (a) within that person’s control; or
- (a) within that person's control; or
- (b) in relation to which that person has responsibilities,
@@ -886,7 +886,7 @@
- (b) entry is effected under the authority of a warrant issued in accordance with section 27.
- (4) In this Part, “dwellinghouse” means any premises or part of premises which are wholly or mainly occupied as a person’s dwelling.
- (4) In this Part, “*dwellinghouse*” means any premises or part of premises which are wholly or mainly occupied as a person's dwelling.
#### Public health investigation warrants
@@ -1064,11 +1064,11 @@
- (b) in the case of a person authorised by the investigator under section 22(1)(b)(i), 27(2)(b)(i) or 28(4)(a)(i), the person by whom the authorised person is employed.
- (5) For the purposes of subsection (4), “employed” includes engaged under a contract for services.
- (5) For the purposes of subsection (4), “*employed*” includes engaged under a contract for services.
- (6) Any dispute as to—
- (a) a person’s entitlement to compensation under subsection (1); or
- (a) a person's entitlement to compensation under subsection (1); or
- (b) the amount of such compensation,
@@ -1120,13 +1120,13 @@
- (6) In this section—
- “appropriate health board” means— in the case of a relevant action referred to in subsection (1)(a), the health board which proposes to take that action; in the case of a relevant action referred to in subsection (1)(b), the health board which designated the competent person who proposes to take that action;
- “guardian”— means a guardian who has powers relating to the proposed intervention in the person’s affairs; and includes a guardian (however called) appointed under the law of any country to, or entitled under the law of any country to act for, a person during that person’s incapacity, if the guardianship is recognised in Scotland;
- “parental responsibilities and parental rights” has the same meaning as in the Children (Scotland) Act [1995 (c. 36)](https://www.legislation.gov.uk/ukpga/1995/36); and
- “welfare attorney” has the meaning given by section 16(2) of the Adults with Incapacity (Scotland) Act [2000 (asp 4)](https://www.legislation.gov.uk/asp/2000/4).
- “*appropriate health board*” means—in the case of a relevant action referred to in subsection (1)(a), the health board which proposes to take that action;in the case of a relevant action referred to in subsection (1)(b), the health board which designated the competent person who proposes to take that action;
- “guardian”—means a guardian who has powers relating to the proposed intervention in the person's affairs; andincludes a guardian (however called) appointed under the law of any country to, or entitled under the law of any country to act for, a person during that person's incapacity, if the guardianship is recognised in Scotland;
- “*parental responsibilities and parental rights*” has the same meaning as in the Children (Scotland) Act 1995 (c. 36); and
- “*welfare attorney*” has the meaning given by section 16(2) of the Adults with Incapacity (Scotland) Act 2000 (asp 4).
#### Relevant actions
@@ -1158,7 +1158,7 @@
- (1) This section applies where—
- (a) a health board knows or suspects that a person who is present in that board’s area—
- (a) a health board knows or suspects that a person who is present in that board's area—
- (i) has an infectious disease;
@@ -1174,7 +1174,7 @@
- (ii) it is necessary, to avoid or minimise that risk, for the person to be medically examined.
- (2) The board may apply to any sheriff for the board’s area for an order under section 34(1) in relation to the person.
- (2) The board may apply to any sheriff for the board's area for an order under section 34(1) in relation to the person.
- (3) An application under subsection (2) must—
@@ -1200,13 +1200,13 @@
- (ii) signed by the competent person.
- (4) In this Part, “health care professional” means—
- (4) In this Part, “*health care professional*” means—
- (a) a registered medical practitioner;
- (b) a registered nurse; or
- (c) any other member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act [2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17).
- (c) any other member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17).
#### Order for medical examination
@@ -1340,7 +1340,7 @@
- (1) This section applies where—
- (a) a health board knows that a person who is present in that board’s area—
- (a) a health board knows that a person who is present in that board's area—
- (i) has an infectious disease;
@@ -1386,7 +1386,7 @@
- (ii) any other person the competent person considers appropriate.
- (5) An exclusion order may not specify, as a place from which a person is excluded, that person’s place of residence.
- (5) An exclusion order may not specify, as a place from which a person is excluded, that person's place of residence.
- (6) An exclusion order has effect only from the time it is served on the person to whom it applies.
@@ -1396,7 +1396,7 @@
- (1) This section applies where—
- (a) a health board knows that a person who is present in that board’s area—
- (a) a health board knows that a person who is present in that board's area—
- (i) has an infectious disease;
@@ -1452,7 +1452,7 @@
- (1) This section applies where—
- (a) a health board knows or suspects that a person who is present in that board’s area—
- (a) a health board knows or suspects that a person who is present in that board's area—
- (i) has an infectious disease;
@@ -1468,7 +1468,7 @@
- (ii) it is necessary, to avoid or minimise that risk, for the person to be quarantined.
- (2) The board may apply to any sheriff for the board’s area for an order under section 40(1) (a “quarantine order”).
- (2) The board may apply to any sheriff for the board's area for an order under section 40(1) (a “quarantine order”).
- (3) An application under subsection (2) must—
@@ -1498,7 +1498,7 @@
- (ii) signed by that person.
- (4) In this Part, references to a person being “quarantined” are references to the person being detained in that person’s residence or in another place (not being a hospital); and cognate expressions are to be construed accordingly.
- (4) In this Part, references to a person being “quarantined” are references to the person being detained in that person's residence or in another place (not being a hospital); and cognate expressions are to be construed accordingly.
#### Quarantine orders
@@ -1602,7 +1602,7 @@
- (1) This section applies where—
- (a) a health board knows that a person who is present in that board’s area—
- (a) a health board knows that a person who is present in that board's area—
- (i) has an infectious disease; or
@@ -1614,7 +1614,7 @@
- (ii) it is necessary, to avoid or minimise that risk, for the person to be detained in hospital.
- (2) The board may apply to any sheriff for the board’s area—
- (2) The board may apply to any sheriff for the board's area—
- (a) where the person is not in hospital, for an order under section 42(1);
@@ -1804,7 +1804,7 @@
- (b) that as a result there is a significant risk to public health.
- (3) The board may apply to any sheriff for the board’s area for an order under section 45(1) (an “exceptional detention order”).
- (3) The board may apply to any sheriff for the board's area for an order under section 45(1) (an “exceptional detention order”).
- (4) An application under subsection (3) must—
@@ -1830,7 +1830,7 @@
- (b) include a certificate—
- (i) stating that a health board competent person from another health board’s area is satisfied as to the matters mentioned in subsection (1); and
- (i) stating that a health board competent person from another health board's area is satisfied as to the matters mentioned in subsection (1); and
- (ii) signed by that person.
@@ -1964,7 +1964,7 @@
- (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.
- (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
@@ -2166,9 +2166,9 @@
- (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; and where that 3-week period has expired, the last day of each subsequent 3-week period.
- “*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
@@ -2194,7 +2194,7 @@
the competent person must revoke it.
- (4) In subsection (2), the “appropriate health board” has the same meaning as in section 48(5).
- (4) In subsection (2), the “*appropriate health board*” has the same meaning as in section 48(5).
#### Duty to keep quarantine orders under review
@@ -2296,7 +2296,7 @@
- (5) Any dispute as to—
- (a) a person’s entitlement to compensation under this section; or
- (a) a person's entitlement to compensation under this section; or
- (b) the amount of such compensation,
@@ -2324,7 +2324,7 @@
- (3) Any dispute as to—
- (a) a person’s entitlement to compensation under this section; or
- (a) a person's entitlement to compensation under this section; or
- (b) the amount of such compensation,
@@ -2366,7 +2366,7 @@
- (4) Any dispute as to—
- (a) a carer’s entitlement to compensation under this section; or
- (a) a carer's entitlement to compensation under this section; or
- (b) the amount of such compensation,
@@ -2496,7 +2496,7 @@
- (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.
- (6) In subsection (5)(b), “*modify*” is to be construed in accordance with section 48.
#### Appeal against quarantine and hospital detention orders
@@ -2548,7 +2548,7 @@
- (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).
- (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
@@ -2716,7 +2716,7 @@
- (4) The absconding person may—
- (a) be returned to the hospital in which the person’s detention is authorised; and
- (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.
@@ -2806,7 +2806,7 @@
##### 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)](https://www.legislation.gov.uk/ukpga/1971/58) to regulate and prescribe the procedure and practice to be followed in any application or appeal under this Part.
- (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—
@@ -2860,13 +2860,13 @@
- (5) In this Part—
- “contaminated” includes having been exposed to— a person who is contaminated; a contaminant; or an 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; or an animal or insect which— has or carries an organism which causes an infectious disease; or has 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; or has or carries an infectious disease, which is a risk to human health.
- (6) In subsection (5), “animal” means a vertebrate other than a human.
- “*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
@@ -2930,7 +2930,7 @@
- (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.
- (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
@@ -2948,7 +2948,7 @@
- (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.
- (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.
@@ -3078,7 +3078,7 @@
- (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.
- (4) In this Part, “*dwellinghouse*” has the meaning given by section 26.
#### Warrant to enter and take steps
@@ -3276,7 +3276,7 @@
- (3) Any dispute as to—
- (a) a person’s entitlement to compensation under subsection (1); or
- (a) a person's entitlement to compensation under subsection (1); or
- (b) the amount of such compensation,
@@ -3348,7 +3348,7 @@
##### 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.
- (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.
@@ -3400,7 +3400,7 @@
- (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
- (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,
@@ -3426,13 +3426,13 @@
- (2) Those persons are persons—
- (a) who die in a hospital in the board’s area; or
- (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.
- (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
@@ -3466,7 +3466,7 @@
- (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
- (a) must not be removed from the hospital without the board's written authorisation; and
- (b) may be removed only—
@@ -3492,7 +3492,7 @@
- (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—
- (8) In this Part, “*disposal*”, in relation to a body—
- (a) means burial or cremation; and
@@ -3512,7 +3512,7 @@
- (c) was, immediately before dying, contaminated (whether the contamination caused the death or not).
- (2) The board must explain to any person who appears to the board to be responsible for the disposal of the person’s body—
- (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;
@@ -3546,7 +3546,7 @@
- (b) signed by that person.
- (4) In this section, “premises” does not include—
- (4) In this section, “*premises*” does not include—
- (a) a mortuary or other similar premises; or
@@ -3676,7 +3676,7 @@
- (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.
- (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
@@ -3692,9 +3692,9 @@
- (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)—
- (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
@@ -3722,9 +3722,9 @@
- (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)—
- (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
@@ -3830,7 +3830,7 @@
- (2) The power in subsection (1) may be exercised only at a reasonable time.
- (3) The authorised officer must, if requested to do so, produce a document showing that officer’s authority.
- (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.
@@ -3844,7 +3844,7 @@
- (7) A document subject to legal privilege means a communication—
- (a) between a professional legal adviser and the adviser’s client; or
- (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,
@@ -3872,7 +3872,7 @@
- (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.
- (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
@@ -3986,13 +3986,13 @@
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.
- “*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
@@ -4000,7 +4000,7 @@
##### 109
- (1) Section 79 (statutory nuisances and inspections) of the Environmental Protection Act [1990 (c. 43)](https://www.legislation.gov.uk/ukpga/1990/43) (the “1990 Act”) is amended as follows.
- (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—
@@ -4010,9 +4010,9 @@
- (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)](https://www.legislation.gov.uk/ukpga/1981/69).
> (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)](https://www.legislation.gov.uk/asp/2004/6));
> (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—
@@ -4022,7 +4022,7 @@
.
- (4) In subsection (7), in the definition of “premises”, after “land” insert “(subject to subsection (5AB) above)”.
- (4) In subsection (7), in the definition of “premises”, after “land” insert “ (subject to subsection (5AB) above) ”.
#### Artificial light nuisance
@@ -4041,13 +4041,13 @@
- (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)”.
- (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)](https://www.legislation.gov.uk/ukpga/1995/21)).
> (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)).
.
@@ -4074,10 +4074,10 @@
> (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)](https://www.legislation.gov.uk/ukpga/1968/47);
> - “main” has the meaning given by section 109(1) of the Water (Scotland) Act [1980 (c. 45)](https://www.legislation.gov.uk/ukpga/1980/45);
> - “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)](https://www.legislation.gov.uk/asp/2005/3).
> - “*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).
.
@@ -4089,7 +4089,7 @@
- (2) In section 79—
- (a) in subsection (1), for “(1A)” substitute “(1ZA)”; and
- (a) in subsection (1), for “(1A)” substitute “ (1ZA) ”and
- (b) after subsection (1), insert—
@@ -4175,7 +4175,7 @@
- (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,”.
- (2) In subsection (2), at the beginning insert “ Subject to subsection (2B) below, ”.
- (3) After subsection (2A), insert—
@@ -4187,7 +4187,7 @@
##### 115
- (1) Section 26 of the Water Services etc. (Scotland) Act [2005 (asp 3)](https://www.legislation.gov.uk/asp/2005/3) is amended as follows.
- (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
@@ -4199,9 +4199,9 @@
- (3) After that subsection, insert—
> (10A) Paragraphs 2, 3 and 5 of Schedule 3 to the Environmental Protection Act [1990 (c. 43)](https://www.legislation.gov.uk/ukpga/1990/43) 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)](https://www.legislation.gov.uk/asp/2005/3)”;
> (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.
@@ -4209,7 +4209,7 @@
> (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”;
> (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.
.
@@ -4224,7 +4224,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/1998/46).
- (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
@@ -4248,11 +4248,11 @@
- (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 Act [1998 (c. 29)](https://www.legislation.gov.uk/ukpga/1998/29) to disclosure of information under subsection (1) or (2).
- (6) But subsection (5) does not affect the application of the Data Protection Act 1998 (c. 29) 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.
- (8) In this section, “relevant authority” means—
- (8) In this section, “*relevant authority*” means—
- (a) a health board;
@@ -4314,7 +4314,7 @@
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.
- (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
@@ -4354,7 +4354,7 @@
- (6) Subsection (5) does not apply to regulations made under section 25(3) or 94(1) if the Scottish Ministers consider that the regulations need to be made urgently.
- (7) Where subsection (6) applies, the regulations (the “emergency regulations”)—
- (7) Where subsection (6) applies, the regulations (the “*emergency regulations*”)—
- (a) must be laid before the Scottish Parliament; and
@@ -4388,11 +4388,11 @@
In this Act—
- “premises” includes— any land or building; or any other place, including— a mobile home; and a vehicle;
- “mobile home” means a caravan, houseboat or other moveable structure used as a dwelling; and
- “vehicle” includes any vessel, aircraft or hovercraft.
- “*premises*” includes—any land or building; orany other place, including—a mobile home; anda vehicle;
- “*mobile home*” means a caravan, houseboat or other moveable structure used as a dwelling; and
- “*vehicle*” includes any vessel, aircraft or hovercraft.
#### Interpretation
@@ -4400,55 +4400,55 @@
In this Act, unless the context otherwise requires—
- “the 1978 Act” means the National Health Service (Scotland) Act [1978 (c. 29)](https://www.legislation.gov.uk/ukpga/1978/29);
- “the 1990 Act” means the Environmental Protection Act [1990 (c. 43)](https://www.legislation.gov.uk/ukpga/1990/43);
- “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); and any state hospital (being a hospital provided under section 102(1) of that Act);
- “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)](https://www.legislation.gov.uk/ukpga/1994/39);
- “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.
- “*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);
- “*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
@@ -4462,7 +4462,7 @@
- (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)](https://www.legislation.gov.uk/ukpga/1897/38), 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).
- (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
@@ -4500,7 +4500,7 @@
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)](https://www.legislation.gov.uk/ukpga/1994/39);
> (a) any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);
.
@@ -4510,15 +4510,15 @@
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)](https://www.legislation.gov.uk/ukpga/1973/65)”; and
- (b) for the words “section one hundred and eighty-seven” substitute “section 204”.
- (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)](https://www.legislation.gov.uk/ukpga/1994/39).”.
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)
@@ -4526,9 +4526,9 @@
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)](https://www.legislation.gov.uk/ukpga/1994/39)”; and
- (b) for the words “the authority” in each place where they occur substitute “the council”.
- (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)
@@ -4536,9 +4536,9 @@
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”.
- (a) for “relate” substitute “ relates ”; and
- (b) for “shall” substitute “ shall not ”.
#### The Statutory Nuisance (Appeals) (Scotland) Regulations 1996 (S.I. 1996/1076)
@@ -4632,271 +4632,3 @@
[^M_I_c09c71c0-764d-4091-94ae-ef6e7f699fe2]: Sch. 1 Pt. 1 in force at 1.1.2010 by [S.S.I. 2009/404](https://www.legislation.gov.uk/ssi/2009/404), [art. 2(3)](https://www.legislation.gov.uk/ssi/2009/404/article/2/3), [sch. 3](https://www.legislation.gov.uk/ssi/2009/404/schedule/3)
[^M_I_808727dc-1a4c-47f1-a4e5-93f13fb61715]: Sch. 1 Pt. 2 in force at 1.1.2010 by [S.S.I. 2009/404](https://www.legislation.gov.uk/ssi/2009/404), [art. 2(3)](https://www.legislation.gov.uk/ssi/2009/404/article/2/3), [sch. 3](https://www.legislation.gov.uk/ssi/2009/404/schedule/3)
#### Duty of Scottish Ministers to protect public health
## Part 5A — Public health protection measures
### Public health protection regulations
##### 86A
- (1) The Scottish Ministers may by regulations make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Scotland (whether from risks originating there or elsewhere).
- (2) In subsection (1)—
- (a) reference to infection or contamination is a reference to infection or contamination which presents or could present significant harm to human health,
- (b) reference to the spread of contamination includes a reference to the spread of any source of contamination.
- (3) The power in subsection (1) may be exercised—
- (a) in relation to infection or contamination generally or in relation to particular forms of infection or contamination, and
- (b) so as to make provision of a general nature, to make contingent provision or to make specific provision in response to particular circumstances.
- (4) Regulations under subsection (1) may in particular include provision directly or indirectly imposing restrictions or requirements on or in relation to persons, things or premises in the event of, or in response to, a threat to public health (but see sections 86D and 86E).
- (5) The restrictions or requirements mentioned in subsection (4) include, for example—
- (a) a requirement that a pupil (within the meaning given by section 135(1) of the Education (Scotland) Act 1980) is to be kept away from school,
- (b) a prohibition or restriction relating to the holding of an event or gathering,
- (c) a restriction or requirement relating to the handling, transport, burial or cremation of dead bodies or the handling, transport or disposal of human remains, and
- (d) a special restriction or requirement (see section 86G).
##### 86B
- (1) Regulations under section 86A(1) which are responding to a particular infection or contamination may be made only when a public health declaration under this section has effect.
- (2) A public health declaration means a declaration by the Scottish Ministers that they consider that—
- (a) an infectious disease or contaminant constitutes or may constitute a danger to human health, and
- (b) the making of regulations under section 86A(1) may be a way of protecting against that danger.
- (3) Before making a public health declaration, the Scottish Ministers must consult the Chief Medical Officer of the Scottish Administration or another person designated for the purposes of this section by the Scottish Ministers.
- (4) A public health declaration has effect if—
- (a) it is made by the Scottish Ministers,
- (b) either—
- (i) it is approved in accordance with subsection (6), or
- (ii) a statement under section 86C(1) is made, and
- (c) it has not ceased to have effect in accordance with subsection (10).
- (5) The Scottish Ministers must publish a public health declaration in such manner as they consider appropriate.
- (6) A public health declaration is approved if—
- (a) the Scottish Ministers lay a copy of the declaration before the Scottish Parliament,
- (b) a member of the Scottish Government lodges a motion that the declaration be approved, and
- (c) the Parliament agrees to the motion.
- (7) A motion under subsection (6)(b) may not be amended.
- (8) The Scottish Ministers must publish notice of the approval of a public health declaration and the time at which the declaration has effect, in such manner as they consider appropriate.
- (9) If, during the period that a public health declaration has effect, the Scottish Ministers consider that paragraphs (a) and (b) of subsection (2) no longer apply, they must—
- (a) revoke the declaration,
- (b) lay notice of revocation before the Scottish Parliament, and
- (c) publish notice of revocation in such manner as the Scottish Ministers consider appropriate.
- (10) A public health declaration ceases to have effect immediately after it is revoked.
- (11) A public health declaration’s ceasing to have effect neither—
- (a) affects anything done before the declaration ceased to have effect, nor
- (b) prevents the making of regulations revoking regulations made during the period that the declaration had effect.
##### 86C
- (1) If the Scottish Ministers consider that it is not practicable for a public health declaration to be approved in accordance with section 86B(6), they may make a statement explaining why.
- (2) An example of when it may not be practicable for a public health declaration to be approved in accordance with section 86B(6) is if the Scottish Parliament is dissolved.
- (3) When a statement under subsection (1) is made, the Scottish Ministers must—
- (a) lay a copy of the public health declaration and the statement before the Scottish Parliament, and
- (b) publish the statement in such manner as they consider appropriate.
- (4) If a statement under subsection (1) is made—
- (a) the public health declaration has effect immediately after the declaration is made, and
- (b) the declaration ceases to have effect at the end of the period of 28 days beginning with the day on which it is made unless before the end of that period it is approved by the Scottish Parliament on a motion by a member of the Scottish Government (if it has not already ceased to have effect under subsection (5)).
- (5) If, on any day during that period of 28 days, the Parliament comes to a decision not to approve the public health declaration, the declaration ceases to have effect immediately after the decision is made.
- (6) In calculating the period of 28 days mentioned in subsections (4) and (5), no account is to be taken of any time during which the Scottish Parliament is—
- (a) in recess for more than 4 days, or
- (b) dissolved.
- (7) A motion under subsection (4)(b) may not be amended.
##### 86D
- (1) Regulations under section 86A(1) may not impose a restriction or requirement by virtue of section 86A(4) unless the Scottish Ministers consider, when making the regulations, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.
- (2) Regulations under section 86A(1) may not impose a restriction or requirement mentioned in section 86G(2)(a), (b), (c) or (d).
- (3) For the purpose of this section, the regulations “impose” a restriction or requirement if the restriction or requirement is imposed directly by the regulations.
##### 86E
- (1) Regulations under section 86A(1) may not enable the imposition of a restriction or requirement by virtue of section 86A(4) unless the regulations provide that a decision to impose such a restriction or requirement may only be taken if the person taking it considers, when taking the decision, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.
- (2) Regulations under section 86A(1) may not enable the imposition of a special restriction or requirement unless—
- (a) the regulations are made in response to a serious and imminent threat to public health, or
- (b) the imposition of the special restriction or requirement is expressed to be contingent on there being such a threat at the time when it is imposed.
- (3) For the purpose of this section, the regulations “enable the imposition of” a restriction or requirement if the restriction or requirement is imposed by virtue of a decision taken under the regulations by the Scottish Ministers, a local authority, a health board or other person.
##### 86F
- (1) Regulations under section 86A(1) may not include provision requiring a person to undergo medical treatment.
- (2) “Medical treatment” includes vaccination and other prophylactic treatment.
##### 86G
- (1) In this Part, a “special restriction or requirement” means a restriction or requirement mentioned in [subsections (2)](#p00683) to [(5)](#p00763).
- (2) In relation to a person, the restriction or requirement referred to in subsection (1) is that the person—
- (a) submit to medical examination,
- (b) be removed to a hospital or other suitable establishment,
- (c) be detained in a hospital or other suitable establishment,
- (d) be kept in quarantine (within the meaning of section 39(4)),
- (e) be disinfected or decontaminated,
- (f) wear protective clothing,
- (g) provide information or answer questions about the person’s health or other circumstances,
- (h) has the person’s health monitored and the results reported,
- (i) attend training or advice sessions on how to reduce the risk of infecting or contaminating others,
- (j) be subject to restrictions as to where the person may go or with whom the person has contact,
- (k) abstain from working or trading.
- (3) Where regulations enable the imposition of a requirement to submit to medical examination, section 35 applies to that examination in the same way as it applies to an examination authorised by virtue of an order under section 34(1).
- (4) In relation to a thing, the restriction or requirement referred to in subsection (1) is—
- (a) that the thing be seized or detained,
- (b) that the thing be kept in quarantine,
- (c) that the thing be disinfected or decontaminated,
- (d) that the vector, agent or source of any infection or contamination be removed,
- (e) in the case of a dead body, that the body be buried or cremated,
- (f) in any other case, that the thing be destroyed or disposed of.
- (5) In relation to premises, the restriction or requirement referred to in subsection (1) is—
- (a) that the premises be closed,
- (b) that, in the case of a vehicle or movable structure, the premises be detained,
- (c) that the premises be disinfected or decontaminated,
- (d) that the vector, agent or source of any infection or contamination be removed,
- (e) that, in the case of a building, structure, mobile home or vehicle, the premises be destroyed.
#### Further provision on content of regulations
##### 86H
- (1) This section makes further provision about regulations under section 86A(1).
- (2) The regulations may—
- (a) confer functions on local authorities, health boards and other persons,
- (b) make different provision for different areas,
- (c) create offences,
- (d) modify any enactment (including this Act),
- (e) enable a court to order a person convicted of any offence under the regulations to take or pay for remedial action in appropriate circumstances,
- (f) provide for the carrying out and enforcement of restrictions and requirements imposed by virtue of the regulations,
- (g) provide for appeals from and reviews of restrictions and requirements imposed by virtue of the regulations,
- (h) permit or prohibit the levying of charges,
- (i) permit or require the payment of incentive payments and expenses,
- (j) permit the payment of compensation,
- (k) provide for the resolution of disputes.
- (3) The maximum penalties that may be imposed in relation to offences created under the regulations 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 two years or a fine (or both).
- (4) The regulations must provide for a right of appeal to the sheriff against any decision taken under the regulations by virtue of which a special restriction or requirement is imposed on or in relation to a person, thing or premises.
##### 86I
- (1) So long as regulations under section 86A(1) which make provision mentioned in section 86A(4) remain in effect, the Scottish Ministers must review the regulations—
- (a) before the end of the period of 21 days beginning with the date on which the regulations came into force, and
- (b) before the end of each subsequent period of 21 days.
- (2) Subsection (1) does not apply where the regulations make only provision of a general nature or contingent provision.
- (3) Subsection (4) applies where regulations under section 86A(1)—
- (a) enable a special restriction or requirement to be imposed by virtue of a decision taken under the regulations, and
- (b) the restriction or requirement is capable of remaining in force in relation to any person, thing or premises for more than a specified period.
- (4) The regulations must provide that a specified person may require the continuation of the restriction or requirement to be reviewed in accordance with the regulations at specified intervals by a person determined in accordance with the regulations.
- (5) In relation to a special restriction or requirement mentioned in section 86G(2)(c) or (d)—
- (a) the period specified by virtue of subsection (3)(b) and the intervals specified by virtue of subsection (4) must be 21 days or less, and
- (b) the regulations must require the continuation of the restriction or requirement to be reviewed without an application being made.
- (6) In this section, “specified” means specified in the regulations.
### Public health monitoring measures
##### 86J
The Scottish Ministers may by regulations make provision conferring on local authorities, health boards or other persons functions in relation to the monitoring of public health risks.
2008-07-16
Public Health etc. (Scotland) Act 2008
original version
Text at this date