The Scottish Government

Next »

Listen

Linda Nicholson
The Research Shop

Scottish Executive
2007

ISBN 978 0 7559 6572 4 (Web only publication)
ISSN 0950 2254

This document is also available in pdf format (536k)

CONTENTS

ACKNOWLEDGEMENTS

EXECUTIVE SUMMARY

CHAPTER 1: BACKGROUND TO THE CONSULTATION

CHAPTER 2:THE CONSULTATION PROCESS

CHAPTER 3: RESPONDENTS ' VIEWS ON THE CONSULTATION PROCESS

CHAPTER 4: ORGANISATIONAL AUTHORITY
1.1 Views on the proposal to assign legislative powers in relation to people to NHS Boards and for property and premises to local authorities
1.2 Views on whether the provisions in Tables 1 and 2 in Annex D of the written consultation document could usefully be updated and retained in new legislation
1.3 Views on whether there should be a requirement for the production of local health protection plans and statements, to be incorporated within community plans or health improvement plans/local delivery plans
1.4 Views on whether the issues to be covered in plans/statements should include the matters specified in the consultation document
1.5 Views on whether the Aids (Control) Act 1987 should be considered for repeal
1.6a) Views on whether the provision and statutory role for a Designated Medical Officer should be retained in new legislation
1.6b) Views on whether this role, if retained, should be a joint appointment between the local authority and the NHS
1.6c) Views on whether the qualifications/professional eligible to fulfil this role should be defined
1.7 Views on whether legislation should require that certain outcomes, including those which restrict liberty, need input from a competent person with defined qualifications
1.8 Views on whether these qualifications should be defined in regulations or guidance
1.9 Views on whether the powers for Scottish Ministers to intervene in public health matters should follow the principles already established in legislation
Summary of Key Points

CHAPTER 5: INFORMATION AND MANAGEMENT
2.1 Views on whether a new system of statutory notification to public health agencies should have two lists: one notifiable conditions and the second on reportable hazards
2.2 Views on the proposals for developing an additional notification system for non-communicable disease
2.3 Views on the proposed key issues to be considered prior to making a new condition or hazard reportable
2.4 Views on whether to continue to exclude sexually transmitted infections from any new notification system and whether any other disease or condition should be excluded
2.5 Views on whether there are any other legislative options for surveillance to be considered
Summary of Key Points

CHAPTER 6: PUBLIC HEALTH INVESTIGATION
3.1 Views on whether legislation should make it a statutory duty to divulge information during public health outbreaks or incidents
3.2 Views on the triggers for such action
3.3 Views on the need for such information to be certified by the Chief Executive of the NHS Boards, or whether a case should be made by the competent person or whether this should be the sheriff
3.4 Views on whether an appeal system or structure should be available against the duty to divulge
Summary of Key Points

CHAPTER 7: STATUTORY POWERS FOR HEALTH PROTECTION
4.1 Views on whether legislation should provide for the introduction of quarantine orders for a period of up to 21 days, with provision for renewal or extension
4.2 Views on whether quarantine orders should only be applied where the criteria set out in the consultation document are met
4.3 Views on whether exclusion orders should apply more widely
4.4 Views on whether exclusion orders should apply to specified states and/or organisms and/or activities; and have penalties for non-compliance
4.5 Views on whether there should be penalties for non-compliance
4.6 Views on whether compensation payments should extend to all groups liable to be excluded under exclusion orders or affected by other orders
4.7 Views on whether the payment of compensation should become the duty of the NHS
4.8 Views on whether legislation should provide for the introduction of detention orders covering the removal to a suitable place of those who risk spreading disease; and an appeal system
4.9 Views on the proposal not to seek powers to require a person to have medical treatment
General Comments
Summary of Key Points

CHAPTER 8: ENVIRONMENTAL HEALTH CONCERNS
5.1 Views on whether it is perceived that there is a gap in legislation to deal with threats from the environment
5.2 Views on introducing provisions on "environmental health concern" in new public health legislation
5.3 Views on whether any of the components of the public health (Scotland) act 1897 outlined in annex h of the consultation document should be retained or amended
5.4 Views on the definition of "environmental health concern"
5.5 Views on what the new system of environmental health concern management could include
5.6 Views on whether the statutory nuisance regime in the environmental protection act 1990 should be expanded summary of key points

CHAPTER 9: MORTUARIES AND CREMATION
6.1 Views on whether NHS boards should have the routine responsibility for resourcing and providing mortuaries in Scotland
6.2 Views on whether the NHS should be allowed to charge the police for the use of mortuaries
6.3 Views on whether various provisions in the public health (Scotland) act 1897 relating to mortuaries and care of dead bodies should be updated and retained in new legislation
Summary of Key Points

CHAPTER 10: PORT HEALTH
7.1 Views on the current port health arrangements in Scotland
7.2 Views on how current port health arrangements might be strengthened
Summary of Key Points

CHAPTER 11: SAFEGUARDS
8.1 Views on whether legislation should contain provisions similar to Regulation 12 in England and Wales
8.2 Views on how to handle issues of enforcement against one's own organisation
8.3 Views on the circulation of outbreak and incident reports
Summary of Key Points

CHAPTER 12: TASKS, OFFENCES AND PENALTIES
9.1 Views on the proposed statutory split between governance and penalties
9.2 Views on when penalties should be applied
9.3 Views on whether legislation should include penalties for non-compliance with tasks
9.4 Views on whether infringements documented a List A in the consultation might be addressed through the health governance framework, with infringements of List B liable to attract criminal sanctions
9.5 Views on whether legislation should include provision for any other enforcement measure
Summary of Key Points

TABLES
1: Respondents by category
2: Views on whether qualifications of a competent person should be defined in regulations or guidance

ANNEXES
1:List of Respondents to the Consultation
2:Volume of Responses Received for each Consultation Question

The views expressed in this report are those of the researcher and
do not necessarily represent those of the Department or Scottish Ministers.

Next »