SCHEDULES

SCHEDULE 21Powers relating to potentially infectious persons

PART 3Powers relating to potentially infectious persons in Scotland

Powers to direct or remove persons to a place suitable for screening and assessment

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1

This paragraph applies if, during a transmission control period, a public health officer has reasonable grounds to suspect that a person in Scotland is potentially infectious.

2

The public health officer may, subject to sub-paragraph (3)—

a

direct the person to go immediately to a place specified in the direction which is suitable for screening and assessment,

b

remove the person to a place suitable for screening and assessment, or

c

request a constable to remove the person to a place suitable for screening and assessment (and the constable may then do so).

3

A public health officer may exercise the powers conferred by this paragraph in relation to a person only if the officer considers that it is necessary and proportionate to do so—

a

in the interests of the person,

b

for the protection of other people, or

c

for the maintenance of public health.

4

Where a public health officer exercises the powers conferred by this paragraph, the officer must inform that person—

a

of the reason for directing or removing them, and

b

that it is an offence—

i

in a case where a person is directed, to fail without reasonable excuse to comply with the direction, or

ii

in a case where a person is removed (by the officer or by a constable), to abscond.