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.