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Public Health etc. (Scotland) Act 2008

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This is the original version (as it was originally enacted).

38Restriction orders

This section has no associated Explanatory Notes

(1)This section applies where—

(a)a health board knows that a person who is present in that board’s area—

(i)has an infectious disease;

(ii)has been exposed to an organism which causes such a disease;

(iii)is contaminated; or

(iv)has been exposed to a contaminant; and

(b)it appears to the board that as a result—

(i)there is a significant risk to public health; and

(ii)it is necessary, to avoid or minimise that risk, for the person to be restricted from carrying on certain activities.

(2)A health board competent person may make an order (a “restriction order”)—

(a)prohibiting the person from carrying on any activity; and

(b)imposing such conditions (if any) on the person as the competent person considers appropriate.

(3)A competent person—

(a)may not make a restriction order unless that person is satisfied as to the matters mentioned in subsection (1);

(b)must, when making a restriction order, have regard to the desirability of imposing the least restrictive order necessary to protect public health.

(4)The restriction order must—

(a)specify—

(i)the person to whom it applies;

(ii)the activity, or type of activity, which the person is prohibited from carrying on; and

(iii)any conditions imposed on the person;

(b)be served on the person to whom it applies; and

(c)be notified to—

(i)any person who was given an explanation under section 31(5); and

(ii)any other person the competent person considers appropriate.

(5)A restriction order has effect only from the time it is served on the person to whom it applies.

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