F1Part 5APublic health protection measures

Annotations:
Amendments (Textual)

Public health protection regulations

86HFurther provision on content of regulations

1

This section makes further provision about regulations under section 86A(1).

2

The regulations may—

a

confer functions on local authorities, health boards and other persons,

b

make different provision for different areas,

c

create offences,

d

modify any enactment (including this Act),

e

enable a court to order a person convicted of any offence under the regulations to take or pay for remedial action in appropriate circumstances,

f

provide for the carrying out and enforcement of restrictions and requirements imposed by virtue of the regulations,

g

provide for appeals from and reviews of restrictions and requirements imposed by virtue of the regulations,

h

permit or prohibit the levying of charges,

i

permit or require the payment of incentive payments and expenses,

j

permit the payment of compensation,

k

provide for the resolution of disputes.

3

The maximum penalties that may be imposed in relation to offences created under the regulations are—

a

on summary conviction, imprisonment for a period not exceeding 12 months or a fine not exceeding the statutory maximum (or both),

b

on conviction on indictment, imprisonment for a period not exceeding two years or a fine (or both).

4

The regulations must provide for a right of appeal to the sheriff against any decision taken under the regulations by virtue of which a special restriction or requirement is imposed on or in relation to a person, thing or premises.