Public Health etc. (Scotland) Act 2008

1. Introductory Text

2. Part 1 Public health responsibilities

   1. The Scottish Ministers

      1. 1. Duty of Scottish Ministers to protect public health

   2. Health boards

      1. 2. Duty of health boards to protect public health

      2. 3. Designation of competent persons by health boards

   3. Local authorities

      1. 4. Duty of local authorities to protect public health

      2. 5. Designation of competent persons by local authorities

   4. Co-operation and planning

      1. 6. Duty of health boards and local authorities to co-operate

      2. 7. Joint public health protection plans

   5. Power of Scottish Ministers to intervene

      1. 8. Power to direct health boards and local authorities

      2. 9. Power to direct that functions be exercised by other persons

      3. 10. Directions under section 9(1): supplementary

      4. 11. Power to direct allocation of resources

3. Part 2 Notifiable diseases, notifiable organisms and health risk states

   1. Notifiable diseases and organisms

      1. 12. Lists of notifiable diseases and notifiable organisms

   2. Duties to notify

      1. 13. Notifiable diseases: duties on registered medical practitioners

      2. 14. Health risk states: duties on registered medical practitioners

      3. 15. Notifiable diseases and health risk states: duties on health boards

      4. 16. Notifiable organisms: duties on directors of diagnostic laboratories

   3. Offences

      1. 17. Notifiable organisms: offences

   4. Supplementary provision

      1. 18. Electronic notification

      2. 19. Notifiable diseases etc.: further provision

4. Part 3 Public health investigations

   1. Public health investigations

      1. 20. Public health incidents

      2. 21. Public health investigations

   2. Investigators' powers

      1. 22. Powers relating to entry to premises

      2. 23. Other investigatory powers

      3. 24. Power to ask questions

      4. 25. Supplementary

      5. 26. Entry to dwellinghouses

      6. 27. Public health investigation warrants

      7. 28. Use of powers in emergencies

   3. Offences

      1. 29. Public health investigation offences

   4. Compensation

      1. 30. Public health investigations: compensation

5. Part 4 Public health functions of health boards

   1. Duty to give explanation

      1. 31. Duty of health boards to give explanation of need for action

      2. 32. Relevant actions

   2. Medical examinations

      1. 33. Application to have person medically examined

      2. 34. Order for medical examination

      3. 35. Medical examination: least invasive and least intrusive procedures

      4. 36. Medical examination of groups

   3. Exclusion orders and restriction orders

      1. 37. Exclusion orders

      2. 38. Restriction orders

   4. Quarantine

      1. 39. Application to have person quarantined

      2. 40. Quarantine orders

   5. Removal to and detention in hospital

      1. 41. Application to have person detained in hospital

      2. 42. Order for removal to and detention in hospital

      3. 43. Order for detention in hospital

      4. 44. Application where long term detention in hospital necessary

      5. 45. Exceptional detention order

   6. Quarantine and detention: steps that may be taken

      1. 46. Authorised steps

      2. 47. Authorised steps: least invasive and least intrusive procedures

   7. Variation and extension of orders

      1. 48. Variation of exclusion and restriction orders

      2. 49. Extension of quarantine and hospital detention orders

      3. 50. Application for variation of quarantine and hospital detention orders

      4. 51. Variation of quarantine and hospital detention orders

   8. Review of orders

      1. 52. Duty to review exclusion and restriction orders

      2. 53. Duty to keep exclusion and restriction orders under review

      3. 54. Duty to keep quarantine orders under review

      4. 55. Duty to keep hospital detention orders under review

   9. Compensation

      1. 56. Compensation for voluntary compliance with request

      2. 57. Compensation for persons subject to certain orders

      3. 58. Compensation for carers

   10. Recall of orders granted in absence

       1. 59. Recall of orders granted in absence of person to whom application relates

   11. Appeals

       1. 60. Appeal against orders for medical examination

       2. 61. Appeal against exclusion orders and restriction orders

       3. 62. Appeal against quarantine and hospital detention orders

       4. 63. Exclusion orders and restriction orders: further appeal to sheriff principal

       5. 64. Appeal to Court of Session

       6. 65. Effect of appeal under section 61, 62, 63 or 64

   12. Breach of orders and offences

       1. 66. Absconding from quarantine

       2. 67. Absconding from hospital

       3. 68. Obstruction

       4. 69. Offences arising from breach of orders under this Part

       5. 70. Failure to ensure child's compliance with order

   13. Procedure

       1. 71. Applications and appeals

6. Part 5 Public health functions of local authorities

   1. Facilities for disinfection etc.

      1. 72. Provision of facilities for disinfection etc.

   2. Disinfection etc. of premises and things

      1. 73. Notice on occupier or owner of infected etc. premises or things

      2. 74. Inspection of premises in relation to which notice served

      3. 75. Failure to comply with notice

      4. 76. Power of local authority to disinfect etc. premises or things

      5. 77. Entry to dwellinghouses

      6. 78. Warrant to enter and take steps

      7. 79. Use of powers in emergencies

   3. Offences

      1. 80. Obstruction

   4. Recovery of expenses

      1. 81. Recovery of expenses

   5. Compensation

      1. 82. Compensation

   6. Appeals

      1. 83. Appeals against notices under this Part

      2. 84. Appeal to sheriff principal

      3. 85. Appeal to Court of Session

   7. Existing functions

      1. 86. Application of this Part where other functions being exercised

7. Part 5A Public health protection measures

   1. Public health protection regulations

      1. 86A. Public health protection regulations

      2. 86B. Public health protection regulations: public health declarations

      3. 86C. Public health protection regulations: further provision about public health declarations

      4. 86D. Limits on use of power: regulations directly imposing restrictions or requirements

      5. 86E. Limits on use of power: regulations indirectly imposing restrictions or requirements

      6. 86F. Exclusion of requirement to undergo medical treatment

      7. 86G. Special restrictions and requirements

      8. 86H. Further provision on content of regulations

      9. 86I. Review of regulations

   2. Public health monitoring measures

      1. 86J. Public health monitoring measures

8. Part 6 Mortuaries etc.

   1. Provision of mortuaries

      1. 87. Provision of mortuaries by local authorities

      2. 88. Provision of mortuaries by health boards

      3. 89. Co-operation by local authorities and health boards

   2. Protection of public from risks arising from bodies

      1. 90. Restriction on release of infected etc. bodies from hospital

      2. 91. Duty of health board where infected etc. person dies

      3. 92. Application for order in relation to bodies retained in premises

      4. 93. Power of sheriff to order removal to mortuary and disposal

9. Part 7 International travel

   1. 94. International travel

10. Part 8 Regulation of provision of sunbeds

    1. Offences

       1. 95. Prohibition on allowing use of sunbeds by persons under 18

       2. 96. Prohibition on sale or hire of sunbeds to persons under 18

       3. 97. Remote sale or hire of sunbeds

       4. 98. Prohibition on allowing unsupervised use of sunbeds

       5. 99. Medical use of sunbeds

       6. 100. Duty to provide information to sunbed users

       7. 101. Duty to display information notice

    2. Enforcement

       1. 102. Power to enter premises

       2. 103. Power to enter premises: entry to dwellinghouses

       3. 104. Power to require identification of operator

       4. 105. Fixed penalties for offences under section 95, 98, 100 or 101

       5. 106. Withdrawal of notices

       6. 107. Penalties for offences under Part 8

    3. Interpretation

       1. 108. Interpretation of Part 8

11. Part 9 Statutory nuisances

    1. 109. Insect nuisance

    2. 110. Artificial light nuisance

    3. 111. Statutory nuisance: land covered with water

    4. 112. Power to make further provision regarding statutory nuisances

    5. 113. Enforcement of statutory nuisances: fixed penalty notice

    6. 114. Procedure for regulations

    7. 115. Sewerage nuisance: local authority powers

12. Part 10 General and miscellaneous

    1. General and miscellaneous

       1. 116. Equal opportunities

       2. 117. Disclosure of information

       3. 118. Liability of persons exercising functions

       4. 119. Offences by bodies corporate etc.

       5. 120. Penalties for offences under this Act

       6. 121. Form of applications etc.

       7. 122. Regulations and orders

       8. 123. Meaning of “premises”

       9. 124. Interpretation

       10. 125. Minor and consequential amendments

       11. 126. Repeals, revocations and saving

       12. 127. Crown application

       13. 128. Short title and commencement

13. 1. SCHEDULE 1

       Lists of notifiable diseases and notifiable organisms

       1. Part 1 Notifiable diseases

          1. Anthrax Botulism Brucellosis Cholera Clinical syndrome due to E.coli O157...

       2. Part 2 Notifiable organisms

          1. Bacillus anthracis Bacillus cereus Bordetella pertussis Borrelia burgdorferi Brucella genus...

    2. SCHEDULE 2

       Minor and consequential amendments

       1. The Public Works Loans Act 1887 (c. 37)

          1. 1. In the Public Works Loans Act 1887, in section 4(2)...

       2. The Children and Young Persons (Scotland) Act 1937 (c. 37)

          1. 2. In the Children and Young Persons (Scotland) Act 1937, in...

       3. The Prevention of Damage by Pests Act 1949 (c. 55)

          1. 3. In the Prevention of Damage by Pests Act 1949, in...

       4. The Pests Act 1954 (c. 68)

          1. 4. In the Pests Act 1954, in section 6 (charges for...

       5. The Offices, Shops and Railway Premises Act 1963 (c. 41)

          1. 5. In the Offices, Shops and Railway Premises Act 1963, in...

       6. The Statutory Nuisance (Appeals) (Scotland) Regulations 1996 (S.I. 1996/1076)

          1. 6. (1) The Statutory Nuisance (Appeals) (Scotland) Regulations 1996 are amended...

    3. SCHEDULE 3

       Repeals and revocations

       1. Part 1 Repeals

       2. Part 2 Revocations