SCHEDULES

SCHEDULE 21Powers relating to potentially infectious persons

PART 3Powers relating to potentially infectious persons in Scotland

36Powers exercisable after assessment

1

The period specified in relation to a requirement referred to in paragraph 35(3)(d) or (e) (a “requirement to remain”), or in relation to any restriction under paragraph 35, may not exceed 14 days.

2

After the imposition of a requirement to remain or a restriction under paragraph 35, a public health officer must—

a

assess the person within 48 hours, and

b

in the light of that assessment reconsider which requirements or restrictions it is necessary and proportionate to impose on that person under paragraph 35 for the purposes referred to in paragraph 35(2).

3

The public health officer may, following reconsideration under sub-paragraph (2)—

a

revoke the requirement to remain or the restriction or specify a different period not exceeding 14 days in relation to it;

b

substitute a different requirement or restriction under paragraph 35.

4

If under sub-paragraph (3) the public health officer revokes the requirement to remain or the restriction, the Scottish Ministers may, if satisfied that the person is potentially infectious, re-impose the requirement or restriction (for the period originally specified).

5

If before the end of the period specified in relation to a requirement to remain or restriction (under paragraph 35(3) or sub-paragraph (3)(a))—

a

a public health officer reasonably suspects that the person will be potentially infectious at the end of that period, and

b

the officer considers that the requirement or restriction is still necessary and proportionate for the purposes referred to in paragraph 35(2),

the officer may extend the period for a further specified period.

6

Except in the case of a requirement referred to in paragraph 35(3)(e) (requirement to remain in isolation), the further period specified under sub-paragraph (5) may not exceed 14 days.

7

Where the period to which a requirement to remain or restriction under paragraph 35 relates is extended under sub-paragraph (5), a public health officer must review the requirement or restriction at least once in every period of 24 hours.

8

If on a review under sub-paragraph (7) the public health officer considers that the person is no longer potentially infectious, the officer must revoke the requirement to remain or the restriction.

9

If on a review under sub-paragraph (7)—

a

sub-paragraph (8) does not apply, but

b

the public health officer considers that the requirement to remain or restriction is no longer necessary and proportionate for the purposes referred to in paragraph 35(2),

the public health officer may substitute a different requirement or restriction under paragraph 35 (which may not apply beyond the end of the further period specified under sub-paragraph (5)).