Part 4Public health functions of health boards

Medical examinations

I133Application to have person medically examined

1

This section applies where—

a

a health board knows or suspects that a person who is present in that board's area—

i

has an infectious disease;

ii

has been exposed to an organism which causes such a disease;

iii

is contaminated; or

iv

has been exposed to a contaminant; and

b

it appears to the board that as a result—

i

there is or may be a significant risk to public health; and

ii

it is necessary, to avoid or minimise that risk, for the person to be medically examined.

2

The board may apply to any sheriff for the board's area for an order under section 34(1) in relation to the person.

3

An application under subsection (2) must—

a

specify—

i

the person in relation to whom the order is sought;

ii

the reason why the board considers it necessary for the person to be medically examined;

iii

the class or classes of health care professional by whom it is proposed that the examination is to be carried out;

iv

the nature of the examination the board proposes be carried out;

v

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

vi

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;

vii

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 the competent person.

4

In this Part, “health care professional” means—

a

a registered medical practitioner;

b

a registered nurse; or

c

any other member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17).