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.