Public Health etc. (Scotland) Act 2008
2008 asp 5 · Enacted 16 July 2008 · Extends to Scotland
An Act of the Scottish Parliament to restate and amend the law on public health; to make provision about mortuaries and the disposal of bodies; to enable the Scottish Ministers to implement their obligations under the International Health Regulations; to make provision relating to the use, sale or hire of sunbeds; to amend the law on statutory nuisances; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 12th June 2008 and received Royal Assent on 16th July 2008
Contents
- Part 1: Public health responsibilities
- The Scottish Ministers
- 1Duty of Scottish Ministers to protect public health
- Health boards
- 2Duty of health boards to protect public health
- 3Designation of competent persons by health boards
- Local authorities
- 4Duty of local authorities to protect public health
- 5Designation of competent persons by local authorities
- Co-operation and planning
- 6Duty of health boards and local authorities to co-operate
- 7Joint public health protection plans
- Power of Scottish Ministers to intervene
- 8Power to direct health boards and local authorities
- 9Power to direct that functions be exercised by other persons
- 10Directions under section 9(1): supplementary
- 11Power to direct allocation of resources
- Part 2: Notifiable diseases, notifiable organisms and health risk states
- Notifiable diseases and organisms
- 12Lists of notifiable diseases and notifiable organisms
- Duties to notify
- 13Notifiable diseases: duties on registered medical practitioners
- 14Health risk states: duties on registered medical practitioners
- 15Notifiable diseases and health risk states: duties on health boards
- 16Notifiable organisms: duties on directors of diagnostic laboratories
- Offences
- 17Notifiable organisms: offences
- Supplementary provision
- 18Electronic notification
- 19Notifiable diseases etc.: further provision
- Part 3: Public health investigations
- Public health investigations
- 20Public health incidents
- 21Public health investigations
- Investigators' powers
- 22Powers relating to entry to premises
- 23Other investigatory powers
- 24Power to ask questions
- 25Supplementary
- 26Entry to dwellinghouses
- 27Public health investigation warrants
- 28Use of powers in emergencies
- Offences
- 29Public health investigation offences
- Compensation
- 30Public health investigations: compensation
- Part 4: Public health functions of health boards
- Duty to give explanation
- 31Duty of health boards to give explanation of need for action
- 32Relevant actions
- Medical examinations
- 33Application to have person medically examined
- 34Order for medical examination
- 35Medical examination: least invasive and least intrusive procedures
- 36Medical examination of groups
- Exclusion orders and restriction orders
- 37Exclusion orders
- 38Restriction orders
- Quarantine
- 39Application to have person quarantined
- 40Quarantine orders
- Removal to and detention in hospital
- 41Application to have person detained in hospital
- 42Order for removal to and detention in hospital
- 43Order for detention in hospital
- 44Application where long term detention in hospital necessary
- 45Exceptional detention order
- Quarantine and detention: steps that may be taken
- 46Authorised steps
- 47Authorised steps: least invasive and least intrusive procedures
- Variation and extension of orders
- 48Variation of exclusion and restriction orders
- 49Extension of quarantine and hospital detention orders
- 50Application for variation of quarantine and hospital detention orders
- 51Variation of quarantine and hospital detention orders
- Review of orders
- 52Duty to review exclusion and restriction orders
- 53Duty to keep exclusion and restriction orders under review
- 54Duty to keep quarantine orders under review
- 55Duty to keep hospital detention orders under review
- Compensation
- 56Compensation for voluntary compliance with request
- 57Compensation for persons subject to certain orders
- 58Compensation for carers
- Recall of orders granted in absence
- 59Recall of orders granted in absence of person to whom application relates
- Appeals
- 60Appeal against orders for medical examination
- 61Appeal against exclusion orders and restriction orders
- 62Appeal against quarantine and hospital detention orders
- 63Exclusion orders and restriction orders: further appeal to sheriff principal
- 64Appeal to Court of Session
- 65Effect of appeal under section 61, 62, 63 or 64
- Breach of orders and offences
- 66Absconding from quarantine
- 67Absconding from hospital
- 68Obstruction
- 69Offences arising from breach of orders under this Part
- 70Failure to ensure child's compliance with order
- Procedure
- 71Applications and appeals
- Part 5: Public health functions of local authorities
- Facilities for disinfection etc.
- 72Provision of facilities for disinfection etc.
- Disinfection etc. of premises and things
- 73Notice on occupier or owner of infected etc. premises or things
- 74Inspection of premises in relation to which notice served
- 75Failure to comply with notice
- 76Power of local authority to disinfect etc. premises or things
- 77Entry to dwellinghouses
- 78Warrant to enter and take steps
- 79Use of powers in emergencies
- Offences
- 80Obstruction
- Recovery of expenses
- 81Recovery of expenses
- Compensation
- 82Compensation
- Appeals
- 83Appeals against notices under this Part
- 84Appeal to sheriff principal
- 85Appeal to Court of Session
- Existing functions
- 86Application of this Part where other functions being exercised
- Part 5A: Public health protection measures
- Public health protection regulations
- 86APublic health protection regulations
- 86BPublic health protection regulations: public health declarations
- 86CPublic health protection regulations: further provision about public health declarations
- 86DLimits on use of power: regulations directly imposing restrictions or requirements
- 86ELimits on use of power: regulations indirectly imposing restrictions or requirements
- 86FExclusion of requirement to undergo medical treatment
- 86GSpecial restrictions and requirements
- 86HFurther provision on content of regulations
- 86IReview of regulations
- Public health monitoring measures
- 86JPublic health monitoring measures
- Part 6: Mortuaries etc.
- Provision of mortuaries
- 87Provision of mortuaries by local authorities
- 88Provision of mortuaries by health boards
- 89Co-operation by local authorities and health boards
- Protection of public from risks arising from bodies
- 90Restriction on release of infected etc. bodies from hospital
- 91Duty of health board where infected etc. person dies
- 92Application for order in relation to bodies retained in premises
- 93Power of sheriff to order removal to mortuary and disposal
- Part 7: International travel
- 94International travel
- Part 8: Regulation of provision of sunbeds
- Offences
- 95Prohibition on allowing use of sunbeds by persons under 18
- 96Prohibition on sale or hire of sunbeds to persons under 18
- 97Remote sale or hire of sunbeds
- 98Prohibition on allowing unsupervised use of sunbeds
- 99Medical use of sunbeds
- 100Duty to provide information to sunbed users
- 101Duty to display information notice
- Enforcement
- 102Power to enter premises
- 103Power to enter premises: entry to dwellinghouses
- 104Power to require identification of operator
- 105Fixed penalties for offences under section 95, 98, 100 or 101
- 106Withdrawal of notices
- 107Penalties for offences under Part 8
- Interpretation
- 108Interpretation of Part 8
- Part 9: Statutory nuisances
- 109Insect nuisance
- 110Artificial light nuisance
- 111Statutory nuisance: land covered with water
- 112Power to make further provision regarding statutory nuisances
- 113Enforcement of statutory nuisances: fixed penalty notice
- 114Procedure for regulations
- 115Sewerage nuisance: local authority powers
- Part 10: General and miscellaneous
- General and miscellaneous
- 116Equal opportunities
- 117Disclosure of information
- 118Liability of persons exercising functions
- 119Offences by bodies corporate etc.
- 120Penalties for offences under this Act
- 121Form of applications etc.
- 122Regulations and orders
- 123Meaning of “premises”
- 124Interpretation
- 125Minor and consequential amendments
- 126Repeals, revocations and saving
- 127Crown application
- 128Short title and commencement
- Schedule 1: Lists of notifiable diseases and notifiable organisms
- 1Notifiable diseases
- 2Notifiable organisms
- Schedule 2: Minor and consequential amendments
- The Public Works Loans Act 1887 (c. 37)
- 1Paragraph 1
- The Children and Young Persons (Scotland) Act 1937 (c. 37)
- 2Paragraph 2
- The Prevention of Damage by Pests Act 1949 (c. 55)
- 3Paragraph 3
- The Pests Act 1954 (c. 68)
- 4Paragraph 4
- The Offices, Shops and Railway Premises Act 1963 (c. 41)
- 5Paragraph 5
- The Statutory Nuisance (Appeals) (Scotland) Regulations 1996 (S.I. 1996/1076)
- 6Paragraph 6
- Schedule 3: Repeals and revocations
- 1Repeals
- 2Revocations