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ANNEX C: PROPOSED ALLOCATION OF LEAD ROLES FOR LEGISLATIVE TASKS FOR HEALTH PROTECTION BY NHS BOARDS AND LOCAL AUTHORITIES
These roles currently sit with the local authority and it is proposed to move to the NHS. The local authority would retain a duty of co-operation
Table 1 : Predominantly health roles (people)
Action and Acts involved | Current Role | Proposed Role |
|---|
NHS Board role | LA lead role | NHS lead role | Local Authority |
|---|
1 Exclude person from school Public Health (Scotland) Act 1897 section 57 | Public health ( PH) will advise : letter will be sent from NHS Board staff | LA powers via DMO
Environmental Health Officer ( EHO) will advise | Public health ( PH) will advise : letter will be sent from NHS Board staff | Duty to co-operate |
2 Exclude person from work Health Services and Public Health Act 1968 section 71 | PH will advise: letter from NHS Board staff | LA powers via DMO
EHO will advise | PH will lead: letter from NHS Board staff | Duty to co-operate |
3 Remove person from home to hospital because of infectious disease Public Health (Scotland) Act section 54 | PH gives advice and makes arrangements with hospital | Solicitors from LA take case to Sheriff | PH and hospital clinicians lead and make arrangements with hospital. Solicitors from CLO will take case to Sheriff | Duty to co-operate |
4 Detain a person in hospital for prescribed periods if suffering from infectious disease or unable to look after self and without proper lodging National Assistance Act 1948 (51) & Public Health (Scotland) Act 1897 ( 55) | PH and hospital clinicians give advice and make arrangements with hospital | Solicitors involved if no voluntary agreement | PH lead and make arrangements. CLO Solicitors involved if no voluntary agreement | Duty to co-operate |
5 Medically examine someone suspected of suffering from or carrying the organism capable of causing an IDHealth Services and Public Health Act 1968 section 72 | PH advise and make arrangements | LA colleagues provide advice | Public health ( PH) will lead | Duty to co-operate |
6 Advise Scottish Ministers on regulations to prevent or treat people suffering from infectious disease or epidemic diseases Public Health (Scotland) Act 1945 section 1 | PH and Scottish Executive Health Department advise | Providing advice, interpreting specimen results and advising on return to work | PH and Scottish Executive Health Department lead | Duty to co-operate |
7 Prohibition on person travelling in a public conveyance (including ships and aircraft) while suffering from infectious disease Public Health (Scotland) Act 1897 section 59 and Public Health (Ships) {or Aircraft} Regulations 1971 (amended 74 & 78) | PH advise and joint decision | Provide advice and joint decision | PH lead | Duty to co-operate |
8 Compensate for loss of earnings due to exclusion Health Services and Public Health Act 1968 section 71 | Interpreting specimen results and advising on return to work | LA power and LA pay compensation | NHS power and NHS pay compensation | Duty to co-operate |
PH - Public Health • LA - Local Authority • DMO - Designated Medical Officer • EHO - Environmental Health Officer
Table 2: Predominantly local authority roles (property/premises)
Currently powers sit with local authority and it is proposed they remain there, although an additional duty of co-operation would be placed on the NHS.
Action | NHS Board role | Local Authority ( LA) role |
|---|
1 Manage Port Local Authority and health regulations therein Public Health (Ships) {or Aircraft} Regulations 1971 (amended 74 & 78) | PH asked for medical input | Port Officers manage system |
2 Restrict offensive trades (or those a danger or injury to health) The Environmental Protection Act 1990 sections on nuisances or the Scottish Environmental Protection Agency (part B processes) | PH consulted | EHOs manage nuisances |
3 Control of food sources which fail to comply with food safety requirements Food Safety Act 1990 | PH may be consulted | EHOs as food authorities and authorised officers |
4 Prohibition on public conveyance (including ships + aircraft) Public Health (Scotland) Act 1897 section 59 and Public Health (Ships) {or Aircraft} Regulations 1971 (amended 74 & 78) | PH consulted | EHOs advise and make joint decision with PH
LA solicitors take action |
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