Public Health etc. (Scotland) Act 2008

Exclusion orders and restriction orders

37 Exclusion orders

(1) This section applies where—

(a) a health board knows that a person who is present in that board’s area—

(i) has an infectious disease;

(ii) has been exposed to an organism which causes such a disease;

(iii) is contaminated; or

(iv) has been exposed to a contaminant; and

(b) it appears to the board 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 excluded from certain places.

(2) A health board competent person may make an order (an “exclusion order”)—

(a) prohibiting the person from entering or remaining in any place; and

(b) imposing such conditions (if any) on the person as the competent person considers appropriate.

(3) A competent person—

(a) may not make an exclusion order unless that person is satisfied as to the matters mentioned in subsection (1);

(b) must, when making such an order, have regard to the desirability of imposing the least restrictive order necessary to protect public health.

(4) The exclusion order must—

(a) specify—

(i) the person to whom it applies;

(ii) subject to subsection (5), the place, or type of place, from which the person is excluded; and

(iii) any conditions imposed on the person;

(b) be served on the person to whom it applies; and

(c) be notified to—

(i) any person who was given an explanation under section 31(5); and

(ii) any other person the competent person considers appropriate.

(5) An exclusion order may not specify, as a place from which a person is excluded, that person’s place of residence.

(6) An exclusion order has effect only from the time it is served on the person to whom it applies.

38 Restriction orders

(1) This section applies where—

(a) a health board knows that a person who is present in that board’s area—

(i) has an infectious disease;

(ii) has been exposed to an organism which causes such a disease;

(iii) is contaminated; or

(iv) has been exposed to a contaminant; and

(b) it appears to the board 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 restricted from carrying on certain activities.

(2) A health board competent person may make an order (a “restriction order”)—

(a) prohibiting the person from carrying on any activity; and

(b) imposing such conditions (if any) on the person as the competent person considers appropriate.

(3) A competent person—

(a) may not make a restriction order unless that person is satisfied as to the matters mentioned in subsection (1);

(b) must, when making a restriction order, have regard to the desirability of imposing the least restrictive order necessary to protect public health.

(4) The restriction order must—

(a) specify—

(i) the person to whom it applies;

(ii) the activity, or type of activity, which the person is prohibited from carrying on; and

(iii) any conditions imposed on the person;

(b) be served on the person to whom it applies; and

(c) be notified to—

(i) any person who was given an explanation under section 31(5); and

(ii) any other person the competent person considers appropriate.

(5) A restriction order has effect only from the time it is served on the person to whom it applies.