- Latest available (Revised)
- Point in Time (01/01/2010)
- Original (As enacted)
Point in time view as at 01/01/2010.
There are currently no known outstanding effects for the Public Health etc. (Scotland) Act 2008, Section 43.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The sheriff may, if satisfied as to the matters mentioned in subsection (2), make an order authorising—
(a)the detention of a person in hospital; and
(b)the taking in relation to the person of such of the steps mentioned in section 46(2) (if any) as the sheriff considers appropriate.
(2)The matters referred to in subsection (1) are—
(a)that the person—
(i)has an infectious disease; or
(ii)is contaminated;
(b)that as a result—
(i)there is a significant risk to public health; and
(ii)it is necessary, to avoid or minimise that risk, for the person to be detained in hospital; and
(c)that—
(i)before the application under section 41(2)(b) was made, the health board gave an explanation under section 31(3) or (5); or
(ii)where no such explanation was given, it was not reasonably practicable to do so.
(3)An order under subsection (1) has effect—
(a)from the time at which it is made;
(b)for such period, not exceeding 3 weeks beginning with the day on which the order is made, as the sheriff considers appropriate.
(4)An order under subsection (1) must—
(a)specify—
(i)the person to whom the order applies;
(ii)the hospital in which the person is to be detained;
(iii)the period for which the person is to be detained in hospital; and
(iv)the steps mentioned in section 46(2) (if any) which may be taken in relation to the person; and
(b)be notified to—
(i)the person to whom it applies;
(ii)any person to whom an explanation was given under section 31(5); and
(iii)any other person the sheriff considers appropriate.
Commencement Information
I1S. 43 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: