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Public Health (Scotland) Act 1897 (repealed)
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Changes over time for: Section 54
Version Superseded: 01/10/2009
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54 Removal to hospital of infected persons without proper lodging. S
(1)A person suffering from any infectious disease, who is without proper lodging or accommodation, or is so lodged that proper precautions cannot be taken for preventing the spread of the disease, or is lodged in a tent or van, or in a room occupied by others besides those necessarily in attendance on such person, or is on board a ship, may, on a certificate signed by the [F1designated medical officer] be removed by order of a sheriff, . . . F2 or justice, on the application . . . F3 of the local authority of the district where such person is found, [F4to any hospital vested in the Secretary of State][F5or to any hospital managed by a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978] or the sheriff, . . . F2 or justice may direct the removal from the room or house occupied by such person of all others not in attendance on him, the local authority providing suitable accommodation for such person or persons; and such person may be detained in such hospital so long as he continues in an infected condition. Provided always that no such order shall be necessary where the removal is carried out with the consent of the patient or his parent or guardian.
(2)The order may be addressed to any constable or officer of the local authority as the sheriff, . . . F2 or justice making the same, thinks expedient; and if any person wilfully disobeys or obstructs the execution of such order, he shall be liable to a penalty not exceeding [F6level 1 on the standard scale].
[F7(3)A sheriff, . . . F2 or justice may order that a person removed to a hospital under this section be transferred to any other hospital vested in the Secretary of State [F5or to any hospital managed by a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978], and any person so transferred may be detained in that other hospital so long as he continues in an infected condition. The provisions of subsection (2) of this section shall apply to any such order in like manner as they apply to an order under subsection (1) of this section.]
Textual Amendments
F1Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 50
F2Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 27
F3Words repealed by National Health Service (Scotland) Act 1947 (c. 27), Sch. 11 Pt. I
F4Words substituted by National Health Service (Scotland) Act 1947 (c. 27), Sch. 11 Pt. I
F5Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 1(1)
F6Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
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