Public Health etc. (Scotland) Act 2008

40 Quarantine orders S

(1) The sheriff may, if satisfied as to the matters mentioned in subsection (2), make a quarantine order—

(a) authorising—

(i) the quarantining of the person;

(ii) where the person is not in the place in which that person is to be quarantined, the removal of the person to that place; and

(iii) the taking in relation to the person of such of the steps mentioned in section 46(2) (if any) as the sheriff considers appropriate; and

(b) imposing such conditions (if any) in relation to the quarantine as the sheriff considers appropriate.

(2) The matters referred to in subsection (1) are—

(a) that it is known, or there are reasonable grounds to suspect, that the person—

(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;

(b) that as a result—

(i) there is or may be a significant risk to public health; and

(ii) it is necessary, to avoid or minimise that risk, for the person to be quarantined; and

(c) that—

(i) before the application under section 39(2) 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) A quarantine order 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) A person may be removed to a place in which the person is to be quarantined by—

(a) a constable;

(b) an officer of the health board;

(c) an officer of a local authority; or

(d) any other person the sheriff considers appropriate.

(5) Conditions imposed by a quarantine order may include—

(a) conditions relating to—

(i) the persons who may have access to the place in which a person is quarantined; and

(ii) the purposes for which such persons may have access;

(b) conditions relating to—

(i) the persons who may have access to the quarantined person; and

(ii) the purposes for which such persons may have access;

(c) conditions relating to the welfare of the quarantined person.

(6) A quarantine order must—

(a) specify—

(i) the person to whom the order applies;

(ii) the place in which the person is to be quarantined;

(iii) the period for which the person is to be quarantined;

(iv) the steps mentioned in section 46(2) (if any) which may be taken in relation to the quarantined person; and

(v) any conditions imposed; 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

I1 S. 40 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1