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
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 |
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 |