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.