Search Legislation

Public Health etc. (Scotland) Act 2008

Status:

This is the original version (as it was originally enacted).

42Order for removal to and detention in hospital

This section has no associated Explanatory Notes

(1)The sheriff may, if satisfied as to the matters mentioned in subsection (2), make an order authorising—

(a)the removal of a person to hospital by—

(i)a constable;

(ii)an officer of the health board;

(iii)an officer of a local authority; or

(iv)any other person the sheriff considers appropriate;

(b)the detention of the person in hospital; and

(c)the taking in relation to the person of such of the steps mentioned in section 46(2) (if any) as the sheriff considers appropriate.

(2)The matters referred to in subsection (1) are—

(a)that the person—

(i)has an infectious disease; or

(ii)is contaminated;

(b)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 admitted to and detained in hospital; and

(c)that—

(i)before the application under section 41(2)(a) was made, the health board gave an explanation under section 31(3) or (5); or

(ii)where no such explanation was given, it was not reasonably practicable to do so.

(3)An order under subsection (1) has effect—

(a)from the time at which it is made;

(b)for such period, not exceeding 3 weeks beginning with the day on which the order is made, as the sheriff considers appropriate.

(4)An order under subsection (1) must—

(a)specify—

(i)the person to whom it applies;

(ii)the hospital to which the person is to be taken (and in which the person is to be detained);

(iii)the period for which the person is to be detained in hospital; and

(iv)the steps mentioned in section 46(2) (if any) which may be taken in relation to the person; and

(b)be notified to—

(i)the person to whom it applies;

(ii)any person to whom an explanation was given under section 31(5); and

(iii)any other person the sheriff considers appropriate.

(5)A person authorised under subsection (1)(a) to remove to hospital a person to whom an order under subsection (1) applies may enter any premises in which that person is present in order to execute the order.

(6)The power of entry in subsection (5)—

(a)may be exercised at any time; and

(b)includes power to use reasonable force.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources