Part 4Public health functions of health boards
Quarantine
I139Application to have person quarantined
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 quarantined.
2
The board may apply to any sheriff for the board's area for an order under section 40(1) (a “quarantine order”).
3
An application under subsection (2) must—
a
specify—
i
the person in relation to whom the quarantine order is sought;
ii
why the board considers it necessary for the person to be quarantined;
iii
the place in which it is proposed to quarantine the person;
iv
the period for which it is proposed to quarantine 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
the conditions (if any) which the board considers it is necessary to include in the order;
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 is satisfied as to the matters mentioned in subsection (1); and
ii
signed by that person.
4
In this Part, references to a person being “quarantined” are references to the person being detained in that person's residence or in another place (not being a hospital); and cognate expressions are to be construed accordingly.