Part 4Public health functions of health boards
Removal to and detention in hospital
I141Application 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.
I542Order for removal to and detention in hospital
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.
I243Order for detention in hospital
1
The sheriff may, if satisfied as to the matters mentioned in subsection (2), make an order authorising—
a
the detention of a person in hospital; and
b
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 detained in hospital; and
c
that—
i
before the application under section 41(2)(b) 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 the order applies;
ii
the hospital 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.
I344Application where long term detention in hospital necessary
1
This section applies where—
a
a person is detained in hospital by virtue of a short term detention order; and
b
the health board which applied for the short term detention order is satisfied that—
i
the conditions mentioned in subsection (2)(a) and (b) continue to apply;
ii
it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be detained in hospital; and
iii
it is necessary, to avoid or minimise that risk, for the person to be so detained for a period exceeding the maximum period for which a person could be detained by virtue of the short term detention order were that order to be extended under section 49(5)(a) (the “short term maximum period”).
2
The conditions referred to in subsection (1)(b)(i) are—
a
that the person to whom the order applies—
i
has an infectious disease; or
ii
is contaminated; and
b
that as a result there is a significant risk to public health.
3
The board may apply to any sheriff for the board's area for an order under section 45(1) (an “exceptional detention order”).
4
An application under subsection (3) 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 continue to be detained in hospital;
iii
why the board considers it necessary for the person to be so detained for a period exceeding the short term maximum period;
iv
the hospital in which it is proposed to detain the person;
v
the period for which it is proposed to detain the person;
vi
the steps (if any) mentioned in section 46(2) which the board considers it necessary to take in relation to the person;
vii
whether an explanation has been given under section 31(3) or (5);
viii
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;
ix
where no such explanation has been given, the reason why; and
b
include a certificate—
i
stating that a health board competent person from another health board's area is satisfied as to the matters mentioned in subsection (1); and
ii
signed by that person.
I445Exceptional detention order
1
The sheriff may, if satisfied as to the matters mentioned in subsection (2), make an exceptional detention order authorising—
a
the continued detention of a person in hospital; and
b
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 conditions mentioned in section 44(2)(a) and (b) continue to apply;
b
that it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be detained in hospital;
c
that it is necessary for the person to be so detained for a period exceeding the short term maximum period; and
d
that—
i
before the application under section 44(3) 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 exceptional detention order has effect—
a
from the time at which it is made;
b
for such period, not exceeding 12 months 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 the order applies;
ii
the hospital 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.