SCHEDULES

SCHEDULE 19Health protection regulations: Scotland

Health protection regulations

1

1

The Scottish Ministers may by regulations make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in Scotland (whether from risks originating there or elsewhere).

2

The power in sub-paragraph (1) may be exercised—

a

in relation to infection or contamination generally or in relation to particular forms of infection or contamination, and

b

so as to make provision of a general nature, to make contingent provision or to make specific provision in response to a particular set of circumstances.

3

Regulations under sub-paragraph (1) may in particular include provision—

a

imposing duties on registered medical practitioners or other persons to record and notify cases or suspected cases of infection or contamination,

b

conferring on local authorities, health boards or other persons functions in relation to the monitoring of public health risks, and

c

imposing or enabling the imposition of restrictions or requirements on or in relation to persons, things or premises in the event of, or in response to, a threat to public health.

4

The restrictions or requirements mentioned in sub-paragraph (3)(c) include in particular—

a

a requirement that a child is to be kept away from school,

b

a prohibition or restriction relating to the holding of an event or gathering,

c

a restriction or requirement relating to the handling, transport, burial or cremation of dead bodies or the handling, transport or disposal of human remains, and

d

a special restriction or requirement (see paragraph 4).

5

The power in sub-paragraph (1) is subject to paragraphs 2 and 3.

6

For the purposes of this Schedule, “health board” and “local authority” have the meanings given in section 124 of the Public Health etc. (Scotland) Act 2008.