Part 4Public health functions of health boards

Removal to and detention in hospital

41Application to have person detained in hospital

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; or

ii

is contaminated; 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 detained in hospital.

2

The board may apply to any sheriff for the board’s area—

a

where the person is not in hospital, for an order under section 42(1);

b

where the person is in hospital, for an order under section 43(1).

3

An order referred to in subsection (2) is a “short term detention order”.

4

An application under subsection (2) must—

a

specify—

i

the person in relation to whom the order is sought;

ii

why the board considers it necessary for the person to be detained in hospital;

iii

the hospital in which it is proposed to detain the person;

iv

the period for which it is proposed to detain the person;

v

the steps (if any) mentioned in section 46(2) which the board considers it necessary to take in relation to the person;

vi

whether an explanation has been given under section 31(3) or (5);

vii

where such an explanation has been given, any response made by or representations made on behalf of the person in relation to whom the order is sought;

viii

where no such explanation has been given, the reason why; and

b

include a certificate—

i

stating that a health board competent person is satisfied as to the matters mentioned in subsection (1); and

ii

signed by that person.