Part 4Public health functions of health boards

Appeals

I160Appeal against orders for medical examination

1

A person mentioned in subsection (2) may appeal to the sheriff principal against the making of an order under section 34(1) authorising the medical examination of a person.

2

The person referred to in subsection (1) is—

a

the person in relation to whom the order applies; or

b

any person having an interest in the welfare of such a person.

3

An appeal under this section must be made before the expiry of the period of 7 days beginning with the day on which the order appealed against is made.

4

On an appeal under this section, the sheriff principal may—

a

confirm the order;

b

revoke the order;

c

modify the order;

d

where, before the appeal was made, the medical examination authorised by the order had been carried out, make an order declaring that the order was invalid;

e

make such other order as the sheriff principal considers appropriate.

5

The decision of the sheriff principal on an appeal under this section is final.