Part 3Public health investigations
Public health investigations
I120Public health incidents
1
A public health incident exists if—
a
a circumstance mentioned in subsection (2), (3), (4), (5) or (6) occurs; and
b
there are reasonable grounds to suspect that the circumstance is likely to give rise to a significant risk to public health.
2
The first circumstance is that—
a
a person has an infectious disease; or
b
there are reasonable grounds to suspect that a person has such a disease.
3
The second circumstance is that—
a
a person has been exposed to an organism which causes infectious disease; or
b
there are reasonable grounds to suspect that a person has been so exposed.
4
The third circumstance is that—
a
a person is contaminated; or
b
there are reasonable grounds to suspect that a person is contaminated.
5
The fourth circumstance is that—
a
a person has been exposed to a contaminant; or
b
there are reasonable grounds to suspect that a person has been so exposed.
6
The fifth circumstance is that—
a
any premises are or any thing in or on premises is infected, infested or contaminated; or
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).
I221Public health investigations
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—
a
the Scottish Ministers;
b
a health board competent person;
c
the common services agency;
F1ca
Public Health Scotland;
d
a local authority competent person;
e
two or more of the persons mentioned in paragraphs (a) to (d) acting together,
and, in this Part, that person is known as an “investigator”.
3
Despite subsection (2)(b) and (d), a health board competent person or a local authority competent person may be appointed as an investigator.
4
If an investigator considers it necessary for the purpose of, or in connection with, a public health investigation, the investigator may, subject to section 25(1), exercise—
a
the powers relating to entry to premises mentioned in section 22;
b
the other investigatory powers mentioned in section 23; and
c
the power to ask questions mentioned in section 24.