{
  "url": "https://openlegislation.uk/public-health-etc-scotland-act-2008/section-38",
  "json_url": "https://openlegislation.uk/public-health-etc-scotland-act-2008/section-38.json",
  "legislation": "asp/2008/5",
  "legislation_title": "Public Health etc. (Scotland) Act 2008",
  "legislation_url": "https://openlegislation.uk/public-health-etc-scotland-act-2008",
  "path": "section/38",
  "kind": "section",
  "number": "38",
  "heading": "Restriction orders",
  "text": "(1) This section applies where—\n(a) a health board knows that a person who is present in that board's area—\n(i) has an infectious disease;\n(ii) has been exposed to an organism which causes such a disease;\n(iii) is contaminated; or\n(iv) has been exposed to a contaminant; and\n(b) it appears to the board that as a result—\n(i) there is a significant risk to public health; and\n(ii) it is necessary, to avoid or minimise that risk, for the person to be restricted from carrying on certain activities.\n(2) A health board competent person may make an order (a “restriction order”)—\n(a) prohibiting the person from carrying on any activity; and\n(b) imposing such conditions (if any) on the person as the competent person considers appropriate.\n(3) A competent person—\n(a) may not make a restriction order unless that person is satisfied as to the matters mentioned in subsection (1);\n(b) must, when making a restriction order, have regard to the desirability of imposing the least restrictive order necessary to protect public health.\n(4) The restriction order must—\n(a) specify—\n(i) the person to whom it applies;\n(ii) the activity, or type of activity, which the person is prohibited from carrying on; and\n(iii) any conditions imposed on the person;\n(b) be served on the person to whom it applies; and\n(c) be notified to—\n(i) any person who was given an explanation under section 31(5); and\n(ii) any other person the competent person considers appropriate.\n(5) A restriction order has effect only from the time it is served on the person to whom it applies.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 38 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2008/5/section/38",
    "retrieved_at": "2026-10-29T20:15:45.653037+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}