| Guvnor

Status: In Force
Penalty ceiling: Imprisonment 9 of 47 obligations carry an unlimited fine. 8 carry different penalties and 30 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person21 Director or Officer2 Operator1

Plus 23 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Director or Officer — also bound by 429 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

Operator — also bound by 746 other Acts

Regulation (EU) No 965/2012 (Air Operations) 203 duties

Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 121 duties

Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed) 112 duties

Space Industry Regulations 2021 76 duties

Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 66 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Public health responsibilities

7 of 11 sections shown

s.001 Duty of Scottish Ministers to protect public health Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must protect public health from hazards and diseaseCrown / Minister / Government department

s.002 Duty of health boards to protect public health Regulated

Other duties (1) — Crown / regulator

Health boards must protect public health in their areasStatutory regulator

s.003 Designation of competent persons by health boards Regulated

Other duties (1) — Crown / regulator

Health boards must designate qualified public health competent personsStatutory regulator

s.004 Duty of local authorities to protect public health Regulated

Other duties (1) — Crown / regulator

Local authorities must protect public health in their areaLocal authority

s.005 Designation of competent persons by local authorities Regulated

Other duties (1) — Crown / regulator

Local authorities must designate competent persons for public health protectionLocal authority

s.006 Duty of health boards and local authorities to co-operate Regulated

Other duties (1) — Crown / regulator

Health boards and local authorities must co-operate on public healthLocal authority

s.007 Joint public health protection plans Regulated

Other duties (1) — Crown / regulator

Health boards must prepare and publish public health protection plansStatutory regulator

4 other sections in this Part — procedural and definitional

s.008 Power to direct health boards and local authorities

s.009 Power to direct that functions be exercised by other persons

s.010 Directions under section 9(1): supplementary

s.011 Power to direct allocation of resources

Part 2

Notifiable diseases, notifiable organisms and health risk states

4 of 8 sections shown

s.013 Notifiable diseases: duties on registered medical practitioners Regulated

Medical practitioners must notify health board of suspected notifiable diseasesAny Person

s.014 Health risk states: duties on registered medical practitioners Regulated

Notify the health board of suspected exposure to high-risk hazardsAny Person

s.015 Notifiable diseases and health risk states: duties on health boards Regulated

Other duties (1) — Crown / regulator

Health boards must send notifiable disease returns to Public Health ScotlandStatutory regulator

s.016 Notifiable organisms: duties on directors of diagnostic laboratories Prosecution

Notify health authorities if a notifiable organism is identifiedDirector or Officer

Unlimited fine

4 other sections in this Part — procedural and definitional

s.012 Lists of notifiable diseases and notifiable organisms

s.017 Notifiable organisms: offences

s.018 Electronic notification

s.019 Notifiable diseases etc.: further provision

Part 3

Public health investigations

4 of 11 sections shown

s.025 Supplementary Regulated

Provide facilities and assistance to public health investigatorsAny Person

s.027 Public health investigation warrants Regulated

Other duties (1) — Crown / regulator

Sheriffs and JPs may issue warrants for public health investigationsTribunal / Court

s.029 Public health investigation offences Prosecution

Obstructing or failing to cooperate with a public health investigationAny Person

Unlimited fine

s.030 Public health investigations: compensation Regulated

Employers of public health investigators must pay compensation for damagesAny Person

7 other sections in this Part — procedural and definitional

s.020 Public health incidents

s.021 Public health investigations

s.022 Powers relating to entry to premises

s.023 Other investigatory powers

s.024 Power to ask questions

s.026 Entry to dwellinghouses

s.028 Use of powers in emergencies

Part 4

Public health functions of health boards

11 of 41 sections shown

s.031 Duty of health boards to give explanation of need for action Regulated

Other duties (1) — Crown / regulator

Health boards must explain the need for public health actionsStatutory regulator

s.035 Medical examination: least invasive and least intrusive procedures Regulated

Use least invasive procedures during authorised medical examinationsAny Person

s.047 Authorised steps: least invasive and least intrusive procedures Regulated

Use the least invasive medical procedures during public health detentionsAny Person

s.048 Variation of exclusion and restriction orders Regulated

Other duties (1) — Crown / regulator

Health board must notify you of changes to exclusion or restriction ordersStatutory regulator

s.052 Duty to review exclusion and restriction orders Regulated

Other duties (1) — Crown / regulator

Health Board must review public health exclusion and restriction ordersStatutory regulator

s.053 Duty to keep exclusion and restriction orders under review Regulated

Other duties (1) — Crown / regulator

Health Board must review exclusion and restriction ordersStatutory regulator

s.054 Duty to keep quarantine orders under review Regulated

Other duties (1) — Crown / regulator

Health Board must regularly review and revoke quarantine ordersLocal authority

s.055 Duty to keep hospital detention orders under review Regulated

Other duties (1) — Crown / regulator

Health Board must review hospital detention ordersLocal authority

s.058 Compensation for carers Regulated

Other duties (1) — Crown / regulator

Health Board must compensate carers for losses due to public health ordersStatutory regulator

s.068 Obstruction Prosecution

Obstructing public health officialsAny Person

Unlimited fine

s.069 Offences arising from breach of orders under this Part Imprisonment

Breach of public health control ordersAny Person

30 other sections in this Part — procedural and definitional

s.032 Relevant actions

s.033 Application to have person medically examined

s.034 Order for medical examination

s.036 Medical examination of groups

s.037 Exclusion orders

s.038 Restriction orders

s.039 Application to have person quarantined

s.040 Quarantine orders

s.041 Application to have person detained in hospital

s.042 Order for removal to and detention in hospital

s.043 Order for detention in hospital

s.044 Application where long term detention in hospital necessary

s.045 Exceptional detention order

s.046 Authorised steps

s.049 Extension of quarantine and hospital detention orders

s.050 Application for variation of quarantine and hospital detention orders

s.051 Variation of quarantine and hospital detention orders

s.056 Compensation for voluntary compliance with request

s.057 Compensation for persons subject to certain orders

s.059 Recall of orders granted in absence of person to whom application relates

s.060 Appeal against orders for medical examination

s.061 Appeal against exclusion orders and restriction orders

s.062 Appeal against quarantine and hospital detention orders

s.063 Exclusion orders and restriction orders: further appeal to sheriff principal

s.064 Appeal to Court of Session

s.065 Effect of appeal under section 61, 62, 63 or 64

s.066 Absconding from quarantine

s.067 Absconding from hospital

s.070 Failure to ensure child's compliance with order

s.071 Applications and appeals

Part 5

Public health functions of local authorities

2 of 15 sections shown

s.078 Warrant to enter and take steps Regulated

Other duties (1) — Crown / regulator

Local authorities may obtain a warrant to enter premises and take actionLocal authority

s.080 Obstruction Prosecution

Obstructing an officer in the course of their dutyAny Person

Unlimited fine

13 other sections in this Part — procedural and definitional

s.072 Provision of facilities for disinfection etc.

s.073 Notice on occupier or owner of infected etc. premises or things

s.074 Inspection of premises in relation to which notice served

s.075 Failure to comply with notice

s.076 Power of local authority to disinfect etc. premises or things

s.077 Entry to dwellinghouses

s.079 Use of powers in emergencies

s.081 Recovery of expenses

s.082 Compensation

s.083 Appeals against notices under this Part

s.084 Appeal to sheriff principal

s.085 Appeal to Court of Session

s.086 Application of this Part where other functions being exercised

Part 5

Public health protection measures

2 of 10 sections shown

s.086 Public health protection regulations: further provision about public health declarations Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must notify Parliament of emergency public health declarationsCrown / Minister / Government department

s.086 Further provision on content of regulations Imprisonment

Breach public health protection regulationsAny Person

8 other sections in this Part — procedural and definitional

s.086 Public health protection regulations

s.086 Public health protection regulations: public health declarations

s.086 Limits on use of power: regulations directly imposing restrictions or requirements

s.086 Limits on use of power: regulations indirectly imposing restrictions or requirements

s.086 Exclusion of requirement to undergo medical treatment

s.086 Special restrictions and requirements

s.086 Review of regulations

s.086 Public health monitoring measures

Part 6

Mortuaries etc.

4 of 7 sections shown

s.089 Co-operation by local authorities and health boards Regulated

Other duties (1) — Crown / regulator

Local authorities and health boards must coordinate mortuary servicesLocal authority

s.090 Restriction on release of infected etc. bodies from hospital Regulated

Other duties (1) — Crown / regulator

Health boards may restrict the removal of infected bodies from hospitalStatutory regulator

s.091 Duty of health board where infected etc. person dies Regulated

Other duties (1) — Crown / regulator

Health Board must explain health risks and precautions after a deathStatutory regulator

s.093 Power of sheriff to order removal to mortuary and disposal Prosecution

Obstructing an officer during the removal or disposal of a bodyAny Person

Fine up to £5,000

3 other sections in this Part — procedural and definitional

s.087 Provision of mortuaries by local authorities

s.088 Provision of mortuaries by health boards

s.092 Application for order in relation to bodies retained in premises

Part 7

International travel

1 of 1 section shown

s.094 International travel Imprisonment

Breach of international travel health regulationsAny Person

Part 8

Regulation of provision of sunbeds

12 of 14 sections shown

s.095 Prohibition on allowing use of sunbeds by persons under 18 Prosecution

Allowing a person under 18 to use a sunbedAny Person

Unlimited fine

s.096 Prohibition on sale or hire of sunbeds to persons under 18 Prosecution

Sell or hire a sunbed to someone under 18Any Person

Unlimited fine

s.098 Prohibition on allowing unsupervised use of sunbeds Prosecution

Allow unsupervised use of a sunbedAny Person

Unlimited fine

s.100 Duty to provide information to sunbed users Regulated

Provide health information to sunbed usersOperator

amended 2 times (opens in a new tab)

s.101 Duty to display information notice Prosecution

Fail to display required sunbed information noticeAny Person

Fine up to £2,500 · amended 2 times (opens in a new tab)

s.102 Power to enter premises Prosecution

Obstructing a local authority inspector or failing to provide recordsAny Person

Unlimited fine · amended 1 time (opens in a new tab)

s.103 Power to enter premises: entry to dwellinghouses

amended 1 time (opens in a new tab)

s.104 Power to require identification of operator Prosecution

Failure to identify the operator of a sunbed businessAny Person

Unlimited fine · amended 1 time (opens in a new tab)

s.105 Fixed penalties for offences under section 95, 98, 100 or 101

amended 1 time (opens in a new tab)

s.106 Withdrawal of notices Regulated

Other duties (1) — Crown / regulator

Local authority must consider appeals against fixed penalty noticesLocal authority

amended 1 time (opens in a new tab)

s.107 Penalties for offences under Part 8 Prosecution

Breach of public health and environment duties (Part 8 offences)Any Person

Fine up to £2,500 · amended 1 time (opens in a new tab)

s.108 Interpretation of Part 8

amended 1 time (opens in a new tab)

2 other sections in this Part — procedural and definitional

s.097 Remote sale or hire of sunbeds

s.099 Medical use of sunbeds

Part 9

Statutory nuisances

7 of 7 sections shown

s.109 Insect nuisance

amended 1 time (opens in a new tab)

s.110 Artificial light nuisance

amended 1 time (opens in a new tab)

s.111 Statutory nuisance: land covered with water

amended 1 time (opens in a new tab)

s.112 Power to make further provision regarding statutory nuisances

amended 1 time (opens in a new tab)

s.113 Enforcement of statutory nuisances: fixed penalty notice

amended 1 time (opens in a new tab)

s.114 Procedure for regulations

amended 1 time (opens in a new tab)

s.115 Sewerage nuisance: local authority powers

amended 1 time (opens in a new tab)

Part 10

General and miscellaneous

12 of 13 sections shown

s.116 Equal opportunities Regulated

Other duties (1) — Crown / regulator

Scottish Ministers and local authorities must promote equal opportunitiesCrown / Minister / Government department

amended 1 time (opens in a new tab)

s.117 Disclosure of information

amended 4 times (opens in a new tab)

s.118 Liability of persons exercising functions

amended 1 time (opens in a new tab)

s.119 Offences by bodies corporate etc. Imprisonment

Personal liability for company directors and officersDirector or Officer

2 years imprisonment · amended 1 time (opens in a new tab)

s.120 Penalties for offences under this Act Imprisonment

Violate adult protection or exclusion ordersAny Person

2 years imprisonment · amended 1 time (opens in a new tab)

s.121 Form of applications etc.

amended 1 time (opens in a new tab)

s.122 Regulations and orders

amended 3 times (opens in a new tab)

s.123 Meaning of “premises”

amended 6 times (opens in a new tab)

s.124 Interpretation

amended 2 times (opens in a new tab)

s.125 Minor and consequential amendments

amended 1 time (opens in a new tab)

s.126 Repeals, revocations and saving

amended 3 times (opens in a new tab)

s.127 Crown application

amended 1 time (opens in a new tab)

1 other section in this Part — procedural and definitional

s.128 Short title and commencement

Schedules

0 of 11 shown

11 other schedules

s.sch001 Lists of notifiable diseases and notifiable organisms

s.sch001 Anthrax Botulism Brucellosis Cholera Clinical syndrome due to E.coli O157...

s.sch001 Bacillus anthracis Bacillus cereus Bordetella pertussis Borrelia burgdorferi Brucella genus...

s.sch002 Minor and consequential amendments

s.sch002 In the Public Works Loans Act 1887, in section 4(2)...

s.sch002 In the Children and Young Persons (Scotland) Act 1937, in...

s.sch002 In the Prevention of Damage by Pests Act 1949, in...

s.sch002 In the Pests Act 1954, in section 6 (charges for...

s.sch002 In the Offices, Shops and Railway Premises Act 1963, in...

s.sch002 (1) The Statutory Nuisance (Appeals) (Scotland) Regulations 1996 are amended...

s.sch003 Repeals and revocations

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Public Health etc. (Scotland) Act 2008

Does it bind you?

Other Acts binding the same actors

What it requires

Public health responsibilities

Notifiable diseases, notifiable organisms and health risk states

Public health investigations

Public health functions of health boards

Public health functions of local authorities

Public health protection measures

Mortuaries etc.

International travel

Regulation of provision of sunbeds

Statutory nuisances

General and miscellaneous

Schedules