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.