Public Health (Scotland) Act 1897

54 Removal to hospital of infected persons without proper lodging.

(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 medical officer or other legally qualified medical practitioner, .and with the consent of the superintending body of the hospital to which he is to be removed, be removed by order of a sheriff, magistrate, or justice, on the application and at the cost of the local authority of the district where such person is found, to any hospital in or within a convenient distance of such district, or, in the case of a combination as herein-after provided, in or within a convenient distance of the combined district, or the sheriff, magistrate, 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, magistrate, 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 ten pounds.