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Health and Social Care Bill


Health and Social Care Bill
Part 3 — Public health protection

67

 

Power to make regulations

45B     

Health protection regulations: international travel etc.

(1)   

The appropriate Minister may by regulations make provision—

(a)   

for preventing danger to public health from vessels, aircraft,

trains or other conveyances arriving at any place,

5

(b)   

for preventing the spread of infection or contamination by

means of any vessel, aircraft, train or other conveyance leaving

any place, and

(c)   

for giving effect to any international agreement or arrangement

relating to the spread of infection or contamination.

10

(2)   

Regulations under subsection (1) may in particular include provision—

(a)   

for the detention of conveyances,

(b)   

for the medical examination, detention, isolation or quarantine

of persons,

(c)   

for the inspection, analysis, retention, isolation, quarantine or

15

destruction of things,

(d)   

for the disinfection or decontamination of conveyances, persons

or things or the application of other sanitary measures,

(e)   

for prohibiting or regulating the arrival or departure of

conveyances and the entry or exit of persons or things,

20

(f)   

imposing duties on masters, pilots, train managers and other

persons on board conveyances and on owners and managers of

ports, airports and other points of entry, and

(g)   

requiring persons to provide information or answer questions

(including information or questions relating to their health).

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45C     

Health protection regulations: domestic

(1)   

The appropriate Minister may by regulations make provision for the

purpose of preventing, protecting against, controlling or providing a

public health response to the incidence or spread of infection or

contamination in England and Wales (whether from risks originating

30

there or elsewhere).

(2)   

The power in subsection (1) may be exercised—

(a)   

in relation to infection or contamination generally or in relation

to particular forms of infection or contamination, and

(b)   

so as to make provision of a general nature, to make contingent

35

provision or to make specific provision in response to a

particular set of circumstances.

(3)   

Regulations under subsection (1) may in particular include provision—

(a)   

imposing duties on registered medical practitioners or other

persons to record and notify cases or suspected cases of

40

infection or contamination,

(b)   

conferring on local authorities or other persons functions in

relation to the monitoring of public health risks, and

(c)   

imposing or enabling the imposition of restrictions or

requirements on or in relation to persons, things or premises in

45

the event of, or in response to, a threat to public health.

 
 

Health and Social Care Bill
Part 3 — Public health protection

68

 

(4)   

The restrictions or requirements mentioned in subsection (3)(c) include

in particular—

(a)   

a requirement that a child is to be kept away from school,

(b)   

a prohibition or restriction relating to the holding of an event or

gathering,

5

(c)   

a restriction or requirement relating to the handling, transport

or disposal of dead bodies or human remains, and

(d)   

a special restriction or requirement.

(5)   

The power in subsection (1) is subject to section 45D.

(6)   

For the purposes of this Part—

10

(a)   

a “special restriction or requirement” means a restriction or

requirement which can be imposed by a justice of the peace by

virtue of section 45G(2), 45H(2) or 45I(2), but

(b)   

a restriction or requirement mentioned in subsection (4)(a), (b)

or (c) is not to be regarded as a special restriction or

15

requirement.

45D     

Restrictions on power to make regulations under section 45C

(1)   

Regulations under section 45C may not include provision imposing a

restriction or requirement by virtue of subsection (3)(c) of that section

unless the appropriate Minister considers, when making the

20

regulations, that the restriction or requirement is proportionate to what

is sought to be achieved by imposing it.

(2)   

Regulations under section 45C may not include provision enabling the

imposition of a restriction or requirement by virtue of subsection (3)(c)

of that section unless the regulations provide that a decision to impose

25

such a restriction or requirement may only be taken if the person taking

it considers, when taking the decision, that the restriction or

requirement is proportionate to what is sought to be achieved by

imposing it.

(3)   

Regulations under section 45C may not include provision imposing a

30

special restriction or requirement mentioned in section 45G(2)(a), (b),

(c) or (d).

(4)   

Regulations under section 45C may not include provision enabling the

imposition of a special restriction or requirement unless—

(a)   

the regulations are made in response to a serious and imminent

35

threat to public health, or

(b)   

imposition of the restriction or requirement is expressed to be

contingent on there being such a threat at the time when it is

imposed.

(5)   

For the purposes of this section—

40

(a)   

regulations “enable the imposition of a restriction or

requirement” if the restriction or requirement is imposed by

virtue of a decision taken under the regulations by the

appropriate Minister, a local authority or other person;

(b)   

regulations “impose a restriction or requirement” if the

45

restriction or requirement is imposed without any such

decision.

 
 

Health and Social Care Bill
Part 3 — Public health protection

69

 

45E     

Medical treatment

(1)   

Regulations under section 45B or 45C may not include provision

requiring a person to undergo medical treatment.

(2)   

“Medical treatment” includes vaccination and other prophylactic

treatment.

5

45F     

Health protection regulations: supplementary

(1)   

This section makes further provision about regulations under section

45B or 45C (“health protection regulations”).

(2)   

Health protection regulations may—

(a)   

confer functions on local authorities and other persons;

10

(b)   

create offences;

(c)   

enable a court to order a person convicted of any such offence

to take or pay for remedial action in appropriate circumstances;

(d)   

provide for the execution and enforcement of restrictions and

requirements imposed by or under the regulations;

15

(e)   

provide for appeals from and reviews of decisions taken under

the regulations;

(f)   

permit or prohibit the levy of charges;

(g)   

permit or require the payment of incentive payments,

compensation and expenses;

20

(h)   

provide for the resolution of disputes.

(3)   

Health protection regulations may, for the purposes of giving effect to

an international agreement or arrangement, amend any enactment.

(4)   

Health protection regulations may not confer functions on officers of

Revenue and Customs unless the regulations are made with the

25

consent of the Commissioners for Her Majesty’s Revenue and Customs.

(5)   

Health protection regulations may not create an offence triable on

indictment or punishable with—

(a)   

imprisonment,

(b)   

a fine exceeding £20,000, or

30

(c)   

a further fine exceeding an amount equal to 2% of level 5 on the

standard scale for each day on which the default continues after

conviction.

(6)   

Regulations under section 45C must provide for a right of appeal to a

magistrates’ court against any decision taken under the regulations by

35

virtue of which a special restriction or requirement is imposed on or in

relation to a person, thing or premises.

(7)   

Regulations under section 45C must also provide for a right of periodic

review in respect of the continuation of a special restriction or

requirement imposed by virtue of a decision taken under the

40

regulations on or in relation to a person, thing or premises.

 
 

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Part 3 — Public health protection

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Orders that may be made by justice of the peace

45G     

Power to order health measures in relation to persons

(1)   

A justice of the peace may make an order under subsection (2) in

relation to a person (“P”) if the justice is satisfied that—

(a)   

P is or may be infected or contaminated,

5

(b)   

the infection or contamination is one which presents or could

present significant harm to human health,

(c)   

there is a risk that P might infect or contaminate others, and

(d)   

it is necessary to make the order in order to remove or reduce

that risk.

10

(2)   

The order may impose on or in relation to P one or more of the

following restrictions or requirements—

(a)   

that P submit to medical examination;

(b)   

that P be removed to a hospital or other suitable establishment;

(c)   

that P be detained in a hospital or other suitable establishment;

15

(d)   

that P be kept in isolation or quarantine;

(e)   

that P be disinfected or decontaminated;

(f)   

that P wear protective clothing;

(g)   

that P provide information or answer questions about P’s health

or other circumstances;

20

(h)   

that P’s health be monitored and the results reported;

(i)   

that P attend training or advice sessions on how to reduce the

risk of infecting or contaminating others;

(j)   

that P be subject to restrictions on where P goes or with whom

P has contact;

25

(k)   

that P abstain from working or trading.

(3)   

A justice of the peace may make an order under subsection (4) in

relation to a person (“P”) if the justice is satisfied that—

(a)   

P is or may be infected or contaminated,

(b)   

the infection or contamination is one which presents or could

30

present significant harm to human health,

(c)   

there is a risk that a related party might infect or contaminate

others, and

(d)   

it is necessary to make the order in order to remove or reduce

that risk.

35

(4)   

The order may impose on or in relation to P a requirement that P

provide information or answer questions about P’s health or other

circumstances (including, in particular, information or questions about

the identity of a related party).

(5)   

“Related party” means—

40

(a)   

a person who has or may have infected or contaminated P, or

(b)   

a person whom P has or may have infected or contaminated.

(6)   

An order under this section may also order a person with parental

responsibility (within the meaning of the Children Act 1989) for P to

secure that P submits to or complies with the restrictions or

45

requirements imposed by the order.

 
 

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Part 3 — Public health protection

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(7)   

The appropriate Minister must by regulations make provision about

the evidence that must be available to a justice of the peace before the

justice can be satisfied as mentioned in subsection (1) or (3).

(8)   

Any reference in this section to a person who is infected or

contaminated includes a reference to a person who carries the source of

5

an infection or contamination, and any reference to infecting or

contaminating others includes a reference to passing that source to

others.

45H     

Power to order health measures in relation to things

(1)   

A justice of the peace may make an order under subsection (2) in

10

relation to a thing if the justice is satisfied that—

(a)   

the thing is or may be infected or contaminated,

(b)   

the infection or contamination is one which presents or could

present significant harm to human health,

(c)   

there is a risk that the thing might infect or contaminate

15

humans, and

(d)   

it is necessary to make the order in order to remove or reduce

that risk.

(2)   

The order may impose in relation to the thing one or more of the

following restrictions or requirements—

20

(a)   

that the thing be seized or retained;

(b)   

that the thing be kept in isolation or quarantine;

(c)   

that the thing be disinfected or decontaminated;

(d)   

that the thing be destroyed.

(3)   

A justice of the peace may make an order under subsection (4) in

25

relation to a thing if the justice is satisfied that—

(a)   

the thing is or may be infected or contaminated,

(b)   

the infection or contamination is one which presents or could

present significant harm to human health,

(c)   

there is a risk that a related person or related thing might infect

30

or contaminate humans, and

(d)   

it is necessary to make the order in order to remove or reduce

that risk.

(4)   

The order may require—

(a)   

the owner of the thing, or

35

(b)   

any person who has or has had custody or control of the thing,

   

to provide information or answer questions about the thing (including,

in particular, information or questions about where the thing has been

or about the identity of any related person or the whereabouts of any

related thing).

40

(5)   

“Related person” means—

(a)   

a person who has or may have infected or contaminated the

thing mentioned in subsection (3)(a), or

(b)   

a person whom the thing has or may have infected or

contaminated.

45

(6)   

“Related thing” means—

 
 

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Part 3 — Public health protection

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(a)   

a thing which has or may have infected or contaminated the

thing mentioned in subsection (3)(a), or

(b)   

a thing which the thing mentioned in subsection (3)(a) has or

may have infected or contaminated.

(7)   

The appropriate Minister may by regulations make provision about the

5

evidence that must be available to a justice of the peace before the

justice can be satisfied as mentioned in subsection (1) or (3).

(8)   

In this section—

(a)   

any reference to being infected or contaminated includes a

reference to carrying the source of an infection or

10

contamination, and

(b)   

any reference to infecting or contaminating humans, or a person

or thing, includes a reference to passing the source of an

infection or contamination to humans, or to the person or thing.

45I     

Power to order health measures in relation to premises

15

(1)   

A justice of the peace may make an order under subsection (2) in

relation to premises if the justice is satisfied that—

(a)   

the premises are or may be infected or contaminated,

(b)   

the infection or contamination is one which presents or could

present significant harm to human health,

20

(c)   

there is a risk that the premises might infect or contaminate

humans, and

(d)   

it is necessary to make the order in order to remove or reduce

that risk.

(2)   

The order may impose in relation to the premises one or more of the

25

following restrictions or requirements—

(a)   

that the premises be closed;

(b)   

that, in the case of a conveyance or movable structure, the

conveyance or structure be detained;

(c)   

that the premises be disinfected or decontaminated;

30

(d)   

that, in the case of a building, conveyance or structure, the

premises be destroyed.

(3)   

A justice of the peace may make an order under subsection (4) in

relation to premises if the justice is satisfied that—

(a)   

the premises are or may be infected or contaminated or are or

35

may be a place where infection or contamination was spread

between persons or things,

(b)   

the infection or contamination is one which presents or could

present significant harm to human health,

(c)   

there is a risk that a related person or related thing might infect

40

or contaminate humans, and

(d)   

it is necessary to make the order in order to remove or reduce

that risk.

(4)   

The order may require the owner or any occupier of the premises to

provide information or answer questions about the premises

45

(including, in particular, information about the identity of any related

person or the whereabouts of any related thing).

 
 

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Part 3 — Public health protection

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(5)   

“Related person” means—

(a)   

a person who has or may have infected or contaminated the

premises,

(b)   

a person who has or may have infected or contaminated a

person who or thing which is or has been on the premises,

5

(c)   

a person whom the premises have or may have infected or

contaminated, or

(d)   

a person who has or may have been infected or contaminated by

a person who or thing which is or has been on the premises.

(6)   

“Related thing” means—

10

(a)   

a thing which has or may have infected or contaminated the

premises,

(b)   

a thing which has or may have infected or contaminated a

person who or thing which is or has been on the premises,

(c)   

a thing which the premises have or may have infected or

15

contaminated, or

(d)   

a thing which has or may have been infected or contaminated

by a person who or thing which is or has been on the premises.

(7)   

The appropriate Minister may by regulations make provision about the

evidence that must be available to a justice of the peace before the

20

justice can be satisfied as mentioned in subsection (1) or (3).

(8)   

In this section—

(a)   

any reference to being infected or contaminated includes a

reference to carrying the source of an infection or

contamination, and

25

(b)   

any reference to infecting or contaminating humans, or a

person, thing or premises, includes a reference to passing the

source of an infection or contamination to humans, or to the

person, thing or premises.

45J     

Orders in respect of groups

30

(1)   

The powers in sections 45G, 45H and 45I include power to make an

order in relation to a group of persons, things or premises.

(2)   

For those purposes, the sections have effect as follows.

(3)   

In section 45G—

(a)   

in subsection (1)(a) and (c) and (3)(a), the reference to P is a

35

reference to each person in the group, and

(b)   

in subsections (2) and (4), any reference to P is a reference to any

one or more of the persons in the group.

(4)   

In section 45H—

(a)   

in subsection (1)(a) and (c) and (3)(a), the reference to the thing

40

is a reference to each thing in the group, and

(b)   

in subsection (2) and (4) any reference to the thing is a reference

to any one or more of the things in the group.

(5)   

In section 45I—

(a)   

in subsection (1)(a) and (c) and (3)(a), the reference to the

45

premises is a reference to each set of premises in the group, and

 
 

 
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