Public Health etc. (Scotland) Act 2008

50 Application for variation of quarantine and hospital detention orders S

(1) This section applies where a person is subject to—

(a) a quarantine order;

(b) a short term detention order; or

(c) an exceptional detention order.

(2) A health board may, if it considers it appropriate, apply to the sheriff for an order under section 51(1) modifying the order.

(3) An application under subsection (2) must—

(a) specify—

(i) the order which it is proposed to modify;

(ii) the person to whom that order applies; and

(iii) the modification which it is proposed to make; and

(b) include a certificate such as is mentioned in subsection (4).

(4) That certificate is one—

(a) stating that a health board competent person is satisfied—

(i) as to the matters mentioned in section 40(2)(a) and (b)(i), 42(2)(a) and (b)(i), 43(2)(a) and (b)(i) or, as the case may be, 45(2)(a); and

(ii) that it is necessary, to avoid or minimise a risk to public health, for the person to continue to be quarantined or, as the case may be, detained in hospital; and

(b) signed by that person.

Commencement Information

I1 S. 50 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1