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Public Health Legislation in Scotland: A Consultation

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ANNEX G: CURRENT LEGISLATIVE POWERS FOR HEALTH PROTECTION

Action

Current Legislation

Compulsory Isolation
(a) An involuntary deprivation of liberty of someone in order to reduce the spread of infection (1897 Act Sections 54 & 55, secured by removal to hospital)
(b) An involuntary deprivation of liberty of someone in order to reduce their risk to themselves or others (1948 Act Section 47)

Public Health (Scotland) Act 1897
National Assistance Act 1948 (as amended 1951)

The detention of people in their home or other setting
Detention of a person or group of people usually in their own homes, who have been exposed to a disease, state or organism: currently no powers to detain someone except in the cases of IHR diseases and ships and aircraft

In very limited circumstances, the following apply The Public Health (Ships) (Scotland) Regulations 1971
The Public Health (Aircraft) (Scotland) Regulations 1971

Exclusion
(a)Penalty if sending a child to school is likely to spread infection (1897 Act, Section 57) (b) Requested exclusion from work to prevent the spread of any infectious disease (1968 Act, Section 71)(c) Penalty on carrying on business connected with food or in such a manner as to spread an infectious disease (1897, Act Section 58)

Public Health (Scotland) Act 1897
Health Services and Public Health Act 1968

Compensation
Local Authority ( LA) has a duty to compensate if people are excluded from work via Section 71 of the 1968 Act (b above) (1968 Act Section 71)

Health Services and Public Health Act 1968

Public Health (Scotland) Act 1897 Section Number and Title

Section 58
Prohibitions on infected person carrying on business

Section 68
Power of local authority to provide mortuaries

Section 51
Penalty on letting houses in which infected person have been lodging

Section 52
Penalty on persons letting houses making false statements about infectious disease

Section 96
LA may remove sick persons with any infectious disease to hospitals etc.

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Page updated: Wednesday, October 25, 2006