Part 4Public health functions of health boards
Removal to and detention in hospital
I143Order 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.