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Public Health etc. (Scotland) Act 2008

2008 asp 5 · Enacted 16 July 2008 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 2 March 2026.

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

  1. Part 1: Public health responsibilities
  2. The Scottish Ministers
  3. 1Duty of Scottish Ministers to protect public health
  4. Health boards
  5. 2Duty of health boards to protect public health
  6. 3Designation of competent persons by health boards
  7. Local authorities
  8. 4Duty of local authorities to protect public health
  9. 5Designation of competent persons by local authorities
  10. Co-operation and planning
  11. 6Duty of health boards and local authorities to co-operate
  12. 7Joint public health protection plans
  13. Power of Scottish Ministers to intervene
  14. 8Power to direct health boards and local authorities
  15. 9Power to direct that functions be exercised by other persons
  16. 10Directions under section 9(1): supplementary
  17. 11Power to direct allocation of resources
  18. Part 2: Notifiable diseases, notifiable organisms and health risk states
  19. Notifiable diseases and organisms
  20. 12Lists of notifiable diseases and notifiable organisms
  21. Duties to notify
  22. 13Notifiable diseases: duties on registered medical practitioners
  23. 14Health risk states: duties on registered medical practitioners
  24. 15Notifiable diseases and health risk states: duties on health boards
  25. 16Notifiable organisms: duties on directors of diagnostic laboratories
  26. Offences
  27. 17Notifiable organisms: offences
  28. Supplementary provision
  29. 18Electronic notification
  30. 19Notifiable diseases etc.: further provision
  31. Part 3: Public health investigations
  32. Public health investigations
  33. 20Public health incidents
  34. 21Public health investigations
  35. Investigators' powers
  36. 22Powers relating to entry to premises
  37. 23Other investigatory powers
  38. 24Power to ask questions
  39. 25Supplementary
  40. 26Entry to dwellinghouses
  41. 27Public health investigation warrants
  42. 28Use of powers in emergencies
  43. Offences
  44. 29Public health investigation offences
  45. Compensation
  46. 30Public health investigations: compensation
  47. Part 4: Public health functions of health boards
  48. Duty to give explanation
  49. 31Duty of health boards to give explanation of need for action
  50. 32Relevant actions
  51. Medical examinations
  52. 33Application to have person medically examined
  53. 34Order for medical examination
  54. 35Medical examination: least invasive and least intrusive procedures
  55. 36Medical examination of groups
  56. Exclusion orders and restriction orders
  57. 37Exclusion orders
  58. 38Restriction orders
  59. Quarantine
  60. 39Application to have person quarantined
  61. 40Quarantine orders
  62. Removal to and detention in hospital
  63. 41Application to have person detained in hospital
  64. 42Order for removal to and detention in hospital
  65. 43Order for detention in hospital
  66. 44Application where long term detention in hospital necessary
  67. 45Exceptional detention order
  68. Quarantine and detention: steps that may be taken
  69. 46Authorised steps
  70. 47Authorised steps: least invasive and least intrusive procedures
  71. Variation and extension of orders
  72. 48Variation of exclusion and restriction orders
  73. 49Extension of quarantine and hospital detention orders
  74. 50Application for variation of quarantine and hospital detention orders
  75. 51Variation of quarantine and hospital detention orders
  76. Review of orders
  77. 52Duty to review exclusion and restriction orders
  78. 53Duty to keep exclusion and restriction orders under review
  79. 54Duty to keep quarantine orders under review
  80. 55Duty to keep hospital detention orders under review
  81. Compensation
  82. 56Compensation for voluntary compliance with request
  83. 57Compensation for persons subject to certain orders
  84. 58Compensation for carers
  85. Recall of orders granted in absence
  86. 59Recall of orders granted in absence of person to whom application relates
  87. Appeals
  88. 60Appeal against orders for medical examination
  89. 61Appeal against exclusion orders and restriction orders
  90. 62Appeal against quarantine and hospital detention orders
  91. 63Exclusion orders and restriction orders: further appeal to sheriff principal
  92. 64Appeal to Court of Session
  93. 65Effect of appeal under section 61, 62, 63 or 64
  94. Breach of orders and offences
  95. 66Absconding from quarantine
  96. 67Absconding from hospital
  97. 68Obstruction
  98. 69Offences arising from breach of orders under this Part
  99. 70Failure to ensure child's compliance with order
  100. Procedure
  101. 71Applications and appeals
  102. Part 5: Public health functions of local authorities
  103. Facilities for disinfection etc.
  104. 72Provision of facilities for disinfection etc.
  105. Disinfection etc. of premises and things
  106. 73Notice on occupier or owner of infected etc. premises or things
  107. 74Inspection of premises in relation to which notice served
  108. 75Failure to comply with notice
  109. 76Power of local authority to disinfect etc. premises or things
  110. 77Entry to dwellinghouses
  111. 78Warrant to enter and take steps
  112. 79Use of powers in emergencies
  113. Offences
  114. 80Obstruction
  115. Recovery of expenses
  116. 81Recovery of expenses
  117. Compensation
  118. 82Compensation
  119. Appeals
  120. 83Appeals against notices under this Part
  121. 84Appeal to sheriff principal
  122. 85Appeal to Court of Session
  123. Existing functions
  124. 86Application of this Part where other functions being exercised
  125. Part 5A: Public health protection measures
  126. Public health protection regulations
  127. 86APublic health protection regulations
  128. 86BPublic health protection regulations: public health declarations
  129. 86CPublic health protection regulations: further provision about public health declarations
  130. 86DLimits on use of power: regulations directly imposing restrictions or requirements
  131. 86ELimits on use of power: regulations indirectly imposing restrictions or requirements
  132. 86FExclusion of requirement to undergo medical treatment
  133. 86GSpecial restrictions and requirements
  134. 86HFurther provision on content of regulations
  135. 86IReview of regulations
  136. Public health monitoring measures
  137. 86JPublic health monitoring measures
  138. Part 6: Mortuaries etc.
  139. Provision of mortuaries
  140. 87Provision of mortuaries by local authorities
  141. 88Provision of mortuaries by health boards
  142. 89Co-operation by local authorities and health boards
  143. Protection of public from risks arising from bodies
  144. 90Restriction on release of infected etc. bodies from hospital
  145. 91Duty of health board where infected etc. person dies
  146. 92Application for order in relation to bodies retained in premises
  147. 93Power of sheriff to order removal to mortuary and disposal
  148. Part 7: International travel
  149. 94International travel
  150. Part 8: Regulation of provision of sunbeds
  151. Offences
  152. 95Prohibition on allowing use of sunbeds by persons under 18
  153. 96Prohibition on sale or hire of sunbeds to persons under 18
  154. 97Remote sale or hire of sunbeds
  155. 98Prohibition on allowing unsupervised use of sunbeds
  156. 99Medical use of sunbeds
  157. 100Duty to provide information to sunbed users
  158. 101Duty to display information notice
  159. Enforcement
  160. 102Power to enter premises
  161. 103Power to enter premises: entry to dwellinghouses
  162. 104Power to require identification of operator
  163. 105Fixed penalties for offences under section 95, 98, 100 or 101
  164. 106Withdrawal of notices
  165. 107Penalties for offences under Part 8
  166. Interpretation
  167. 108Interpretation of Part 8
  168. Part 9: Statutory nuisances
  169. 109Insect nuisance
  170. 110Artificial light nuisance
  171. 111Statutory nuisance: land covered with water
  172. 112Power to make further provision regarding statutory nuisances
  173. 113Enforcement of statutory nuisances: fixed penalty notice
  174. 114Procedure for regulations
  175. 115Sewerage nuisance: local authority powers
  176. Part 10: General and miscellaneous
  177. General and miscellaneous
  178. 116Equal opportunities
  179. 117Disclosure of information
  180. 118Liability of persons exercising functions
  181. 119Offences by bodies corporate etc.
  182. 120Penalties for offences under this Act
  183. 121Form of applications etc.
  184. 122Regulations and orders
  185. 123Meaning of “premises”
  186. 124Interpretation
  187. 125Minor and consequential amendments
  188. 126Repeals, revocations and saving
  189. 127Crown application
  190. 128Short title and commencement
  191. Schedule 1: Lists of notifiable diseases and notifiable organisms
  192. 1Notifiable diseases
  193. 2Notifiable organisms
  194. Schedule 2: Minor and consequential amendments
  195. The Public Works Loans Act 1887 (c. 37)
  196. 1Paragraph 1
  197. The Children and Young Persons (Scotland) Act 1937 (c. 37)
  198. 2Paragraph 2
  199. The Prevention of Damage by Pests Act 1949 (c. 55)
  200. 3Paragraph 3
  201. The Pests Act 1954 (c. 68)
  202. 4Paragraph 4
  203. The Offices, Shops and Railway Premises Act 1963 (c. 41)
  204. 5Paragraph 5
  205. The Statutory Nuisance (Appeals) (Scotland) Regulations 1996 (S.I. 1996/1076)
  206. 6Paragraph 6
  207. Schedule 3: Repeals and revocations
  208. 1Repeals
  209. 2Revocations