|
| |
|
Local Government, Planning and Land Act 1980 (c. 65) |
| |
2 | In section 159 of the Local Government, Planning and Land Act 1980 (public |
| |
health etc.), in subsection (1), omit paragraph (e) and the word “and” |
| |
immediately preceding it. |
| |
Public Health (Control of Disease) Act 1984 (c. 22) |
| 5 |
3 (1) | Section 1 (authorities administering Act) of the 1984 Act is amended as |
| |
| |
(2) | For subsection (1) substitute— |
| |
“(1) | In this Act “local authority” means any of the following— |
| |
| 10 |
(b) | in England, a county council for an area for which there is no |
| |
| |
(c) | in Wales, a county council or county borough council; |
| |
(d) | a London borough council; |
| |
(e) | the Common Council of the City of London; |
| 15 |
(f) | the Sub-Treasurer of the Inner Temple and the Under |
| |
Treasurer of the Middle Temple; |
| |
(g) | the Council of the Isles of Scilly.” |
| |
(3) | Omit subsections (2) and (4). |
| |
4 (1) | Section 5 of the 1984 Act (financial provisions as to port health authorities) |
| 20 |
| |
(2) | In subsection (2), for the words from “shall” onwards substitute “shall be |
| |
defrayed by the constituent districts in such proportions and in such manner |
| |
as may be determined by or in accordance with the order.” |
| |
(3) | In subsection (3), omit “or rating districts”. |
| 25 |
5 | In section 7 of the 1984 Act (port health district and authority for Port of |
| |
London), in subsection (4), omit paragraphs (c) and (d). |
| |
6 | Omit section 9 of the 1984 Act (vessels in inland or coastal waters). |
| |
7 | In section 48 of the 1984 Act (removal of body to mortuary or for immediate |
| |
burial), in subsection (1), for the words from “in any building” to |
| 30 |
“neighbouring building” substitute “in any place would endanger the health |
| |
| |
8 | In section 49 of the 1984 Act (regulations as to canal boats), in subsection |
| |
| |
(a) | at the end of paragraph (a) insert “and”, |
| 35 |
(b) | omit paragraph (c) and the word “and” immediately preceding it. |
| |
9 | In section 50 of the 1984 Act (power to enter and inspect canal boats) in |
| |
| |
(a) | omit paragraph (b) and the word “or” immediately preceding it, and |
| |
(b) | omit “or any person on board suffering from an infectious disease”. |
| 40 |
10 | In section 51 of the 1984 Act (duties of local authorities and port health |
| |
authorities under Part 4)— |
| |
|
| |
|
| |
|
(a) | omit subsection (1), and |
| |
(b) | in subsection (2) omit the words “the provisions of this Part of this |
| |
| |
11 | Omit section 52 of the 1984 Act (prosecution of offences under Part 4). |
| |
12 | Omit sections 54 to 57 of the 1984 Act. |
| 5 |
13 | In section 58 of the 1984 Act (form of notices and other documents), in |
| |
subsection (1) for “local authority” (in each place it occurs) substitute |
| |
“relevant health protection authority”. |
| |
14 | In section 59 of the 1984 Act (authentication of documents)— |
| |
(a) | for “local authority” (wherever it occurs) substitute “relevant health |
| 10 |
protection authority”, and |
| |
(b) | in subsection (2) for “byelaws” substitute “regulations”. |
| |
15 | In section 60 of the 1984 Act (service of notices and other documents) for |
| |
“made by this Act” substitute “made by or under this Act”. |
| |
16 | After section 60 of the 1984 Act insert— |
| 15 |
“60A | Electronic communications |
| |
(1) | The appropriate Minister may by regulations make provision |
| |
enabling notices, orders and other documents specified in the |
| |
regulations to be given or served by an electronic communication. |
| |
(2) | Such provision must however secure that the notices, orders and |
| 20 |
other documents specified in the regulations may only be so given or |
| |
| |
(a) | the person to whom they are to be given or on whom they are |
| |
to be served has consented in writing to the receipt of notices, |
| |
orders and other documents by an electronic communication, |
| 25 |
| |
(b) | the communication is sent to the number or address specified |
| |
by that person when giving consent. |
| |
(3) | The power to make regulations under this section is exercisable by |
| |
| 30 |
(4) | An instrument containing any such regulations is subject to |
| |
| |
(a) | in the case of regulations made by the Secretary of State, in |
| |
pursuance of a resolution of either House of Parliament, |
| |
(b) | in the case of regulations made by the Welsh Ministers, in |
| 35 |
pursuance of a resolution of the National Assembly for |
| |
| |
(5) | Sections 58 to 60 are to be read subject to any provision made in |
| |
regulations under this section. |
| |
| 40 |
“electronic communication” has the same meaning as in the |
| |
Electronic Communications Act 2000, |
| |
“notices, orders and other documents” means notices, orders |
| |
and other documents authorised or required by or under this |
| |
Act to be given or served, and |
| 45 |
|
| |
|
| |
|
“the appropriate Minister” means— |
| |
(a) | the Secretary of State, in relation to England; |
| |
(b) | the Welsh Ministers, in relation to Wales.” |
| |
17 (1) | Section 61 of the 1984 Act (power to enter premises) is amended as follows. |
| |
| 5 |
(a) | for “authorised officer of a local authority” substitute “proper officer |
| |
of a relevant health protection authority”, |
| |
(b) | for paragraph (a) substitute— |
| |
“(a) | for the purposes of ascertaining whether there is, or |
| |
has been, any contravention of a relevant provision of |
| 10 |
this Act, or of an order made by a justice of the peace |
| |
under Part 2A of this Act, which it is the function of |
| |
the relevant health protection authority to enforce,”, |
| |
| |
(c) | in each of paragraphs (b), (c) and (d)— |
| 15 |
(i) | for “or such byelaws” substitute “or in relation to such an |
| |
| |
(ii) | for “local authority” substitute “relevant health protection |
| |
| |
(3) | In subsection (2) omit “, other than a factory or workplace,”. |
| 20 |
(4) | After subsection (2) insert— |
| |
“(2A) | Subsection (1) does not authorise entry to any part of premises which |
| |
is used as a private dwelling (but this does not affect the power of a |
| |
justice of the peace under subsection (3) to issue a warrant |
| |
authorising entry to a private dwelling or to any part of premises |
| 25 |
used as a private dwelling).” |
| |
(5) | In subsection (3), for “the local authority by any authorised officer” |
| |
substitute “the relevant health protection authority by any proper officer”. |
| |
18 (1) | Section 62 of the 1984 Act (supplementary provisions as to entry) is amended |
| |
| 30 |
| |
(a) | for “An authorised officer” substitute “A proper officer (“the |
| |
| |
(b) | after “other persons” insert “and such equipment and materials”. |
| |
(3) | After subsection (1) insert— |
| 35 |
“(1A) | The officer may for the purpose for which entry is authorised— |
| |
| |
(b) | carry out measurements and tests of the premises or of |
| |
| |
(c) | take and retain samples of the premises or of anything found |
| 40 |
| |
(d) | inspect and take copies or extracts of any documents or |
| |
records found on the premises, |
| |
(e) | require information stored in an electronic form and |
| |
accessible from the premises to be produced in a form in |
| 45 |
which it can be taken away and in which it is visible and |
| |
|
| |
|
| |
|
legible or from which it can readily be produced in a visible |
| |
| |
(f) | seize and detain or remove anything which the officer |
| |
reasonably believes to be evidence of any contravention |
| |
relevant to the purpose for which entry is authorised.” |
| 5 |
| |
(5) | For subsection (4) substitute— |
| |
“(4) | Nothing in section 61 or this section limits the provisions of Parts 2A |
| |
and 4, and of regulations made under Part 2A, with respect to entry |
| |
into or upon, and inspection of, any premises.” |
| 10 |
19 | For section 63 of the 1984 Act substitute— |
| |
“63 | Offence of wilful obstruction |
| |
(1) | A person commits an offence if the person wilfully obstructs any |
| |
person acting in the execution of a provision of Part 3 or 4 or this Part, |
| |
or of any regulations, order or warrant made or issued under such a |
| 15 |
| |
(2) | A person guilty of an offence under subsection (1) is liable on |
| |
| |
(a) | in the case of an offence of wilfully obstructing a person in the |
| |
execution of a provision of Part 4 or of any regulations made |
| 20 |
under a provision of that Part, to a fine not exceeding level 1 |
| |
on the standard scale, and |
| |
(b) | in any other case, to a fine not exceeding £20,000.” |
| |
20 | After section 63 of the 1984 Act insert— |
| |
“63A | Offences by bodies corporate |
| 25 |
(1) | If an offence created by or under this Act is committed by a body |
| |
| |
(a) | to have been committed with the consent or connivance of an |
| |
| |
(b) | to be attributable to any neglect on the part of an officer, |
| 30 |
| the officer (as well as the body corporate) is guilty of the offence and |
| |
liable to be proceeded against and punished accordingly. |
| |
(2) | “Officer”, in relation to a body corporate, means a director, manager, |
| |
secretary or other similar officer of the body, or a person purporting |
| |
to act in any such capacity. |
| 35 |
(3) | If the affairs of a body corporate are managed by its members, |
| |
subsection (1) applies to the acts and defaults of a member in |
| |
connection with the member’s functions of management as if the |
| |
member were a director of the body corporate. |
| |
63B | Unincorporated associations |
| 40 |
(1) | Proceedings for an offence alleged to have been committed by an |
| |
unincorporated association are to be brought in the name of the |
| |
association (and not in that of any of the members). |
| |
|
| |
|
| |
|
(2) | Rules of court relating to the service of documents have effect as if |
| |
the unincorporated association were a body corporate. |
| |
(3) | In proceedings for an offence brought against an unincorporated |
| |
association, Schedule 3 to the Magistrates’ Courts Act 1980 applies as |
| |
it applies to a body corporate. |
| 5 |
(4) | A fine imposed on an unincorporated association on its conviction |
| |
for an offence is to be paid out of the funds of the association. |
| |
(5) | If an offence committed by an unincorporated association is |
| |
| |
(a) | to have been committed with the consent or connivance of an |
| 10 |
officer of the association or a member of its governing body, |
| |
| |
(b) | to be attributable to any neglect on the part of such an officer |
| |
| |
| the officer or member (as well as the association) is guilty of the |
| 15 |
offence and liable to be proceeded against and punished |
| |
| |
(6) | In this section, “offence” means an offence created by or under this |
| |
| |
21 (1) | Section 64 of the 1984 Act (restriction on right to prosecute) is amended as |
| 20 |
| |
(2) | For subsection (1) substitute— |
| |
“(1) | Proceedings in respect of an offence created by a provision of, or |
| |
regulations under, this Act may not be taken by any person other |
| |
| 25 |
(a) | a relevant health protection authority, |
| |
(b) | a body whose function it is to enforce the provision or |
| |
regulation in question, or |
| |
(c) | a person who made (or whose predecessors made) the |
| |
| 30 |
(3) | Subsection (2) is omitted. |
| |
22 | After section 64 of the 1984 Act insert— |
| |
“64A | Time limits for prosecutions |
| |
(1) | Notwithstanding anything in section 127(1) of the Magistrates’ |
| |
Courts Act 1980, a magistrates’ court may try an information (or |
| 35 |
written charge) relating to an offence created by or under this Act if |
| |
the information is laid (or the charge is issued)— |
| |
(a) | before the end of the period of 3 years beginning with the |
| |
date of the commission of the offence, and |
| |
(b) | before the end of the period of 6 months beginning with the |
| 40 |
date on which evidence which the prosecutor thinks is |
| |
sufficient to justify the proceedings comes to the prosecutor’s |
| |
| |
(2) | For the purposes of subsection (1)(b)— |
| |
(a) | a certificate signed by or on behalf of the prosecutor and |
| 45 |
stating the date on which such evidence came to the |
| |
|
| |
|
| |
|
prosecutor’s knowledge is conclusive evidence of that fact, |
| |
| |
(b) | a certificate stating that matter and purporting to be so signed |
| |
is to be treated as so signed unless the contrary is proved.” |
| |
23 (1) | Section 67 of the 1984 Act (applications to, and appeals from, magistrates’ |
| 5 |
courts) is amended as follows. |
| |
(2) | In subsection (1), after “this Act” insert “or a provision contained in |
| |
regulations made under this Act”. |
| |
| |
24 | For section 69 of the 1984 Act substitute— |
| 10 |
“69 | Protection from personal liability |
| |
(1) | Nothing done by a relevant health protection authority or by one of |
| |
its officers, and no contract entered into by such an authority, is to |
| |
subject the authority or officer to any action, liability, claim or |
| |
demand whatsoever if the thing is done, or the contract is entered |
| 15 |
into, bona fide for the purposes of executing a relevant provision of |
| |
| |
(2) | Any expense incurred by any such authority or officer acting bona |
| |
fide as mentioned in subsection (1) is to be borne and repaid out of |
| |
the fund applicable by the authority to its functions of executing the |
| 20 |
| |
(3) | Reference in this section to an officer of a relevant health protection |
| |
authority also includes a member of that authority and any person |
| |
acting under the direction of that authority.” |
| |
25 | Omit section 70 of the 1984 Act (local inquiries). |
| 25 |
26 | For section 71 of the 1984 Act substitute— |
| |
| |
(1) | Subsection (2) applies if the appropriate Minister is satisfied that a |
| |
relevant health protection authority has failed to discharge its |
| |
functions under a relevant provision of this Act in any case where it |
| 30 |
ought to have discharged them. |
| |
(2) | The appropriate Minister may make an order— |
| |
(a) | declaring the authority to be in default, and |
| |
(b) | directing the authority to discharge such of its functions, and |
| |
in such manner and within such time or times, as may be |
| 35 |
| |
(3) | If the authority fails to comply with a requirement of the order |
| |
within the specified time, the appropriate Minister may— |
| |
(a) | enforce the order by mandatory order or otherwise, or |
| |
(b) | make an order transferring such of the functions of the |
| 40 |
authority to the Minister or such other public authority as |
| |
may be specified in the order. |
| |
|
| |
|
| |
|
(4) | If functions are transferred by virtue of subsection (3)(b) to the |
| |
Minister, the Minister may direct another public authority to |
| |
discharge them on the Minister’s behalf. |
| |
(5) | An order under subsection (3)(b) may include provision about the |
| |
funding of the functions, including provision requiring the relevant |
| 5 |
health protection authority to bear any costs associated with the |
| |
discharge of those functions by or on behalf of the Minister or other |
| |
| |
(6) | The appropriate Minister may vary or revoke an order made by the |
| |
Minister under subsection (3)(b), but without prejudice to anything |
| 10 |
previously done under it. |
| |
(7) | If such an order is revoked, the appropriate Minister may, either by |
| |
the revoking order or by a subsequent order, make provision with |
| |
respect to the transfer, vesting and discharge of any property or |
| |
liabilities acquired or incurred by or on behalf of the Minister or |
| 15 |
other public authority in discharging any functions to which the |
| |
| |
27 | In section 72 of the 1984 Act (cumulative effect of Act) for “by this Act” |
| |
substitute “by or under this Act”. |
| |
28 | In section 73 of the 1984 Act (Crown property) after subsection (4) insert— |
| 20 |
“(5) | In this section “premises” does not include any vessel— |
| |
(a) | belonging to Her Majesty, or |
| |
(b) | under the command or charge of an officer holding Her |
| |
| |
29 (1) | Section 74 of the 1984 Act (interpretation) is amended as follows. |
| 25 |
(2) | For the definition of “district” substitute— |
| |
| |
(a) | in relation to a local authority in Greater London, a |
| |
London borough, the City of London, the Inner |
| |
Temple or the Middle Temple, |
| 30 |
(b) | in relation to a local authority in England for an area |
| |
for which there is no district council, that area, |
| |
(c) | in relation to a local authority in Wales, a county or |
| |
| |
(d) | in relation to the Council of the Isles of Scilly, those |
| 35 |
| |
(3) | In the definition of “local authority” for “section 1(2)” substitute “section |
| |
| |
(4) | For the definition of “premises” substitute— |
| |
“ “premises” includes any place and, in particular, includes— |
| 40 |
(a) | any vehicle, train, vessel or aircraft, |
| |
(b) | any tent or movable structure, and |
| |
(c) | any offshore installation (as defined in section 12(1) of |
| |
the Mineral Workings (Offshore Installations) Act |
| |
| 45 |
|
| |
|