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Power to make regulations |
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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 |
| |
| |
(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 |
| |
| |
(c) | for the inspection, analysis, retention, isolation, quarantine or |
| 15 |
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(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). |
| 25 |
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 |
| |
(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. |
| |
|
| |
|
| |
|
(4) | The restrictions or requirements mentioned in subsection (3)(c) include |
| |
| |
(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 |
| |
| 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 |
| |
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 |
| |
| |
(3) | Regulations under section 45C may not include provision imposing a |
| 30 |
special restriction or requirement mentioned in section 45G(2)(a), (b), |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
| |
(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 |
| |
| 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 |
| |
(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 |
| |
| |
(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— |
| |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
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 |
| |
| 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 |
| |
| 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 |
| |
| 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 |
| |
| |
(d) | it is necessary to make the order in order to remove or reduce |
| |
| 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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
(d) | it is necessary to make the order in order to remove or reduce |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| 45 |
(6) | “Related thing” means— |
| |
|
| |
|
| |
|
(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). |
| |
| |
(a) | any reference to being infected or contaminated includes a |
| |
reference to carrying the source of an infection or |
| 10 |
| |
(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 |
| |
| |
(d) | it is necessary to make the order in order to remove or reduce |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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). |
| |
|
| |
|
| |
|
(5) | “Related person” means— |
| |
(a) | a person who has or may have infected or contaminated the |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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). |
| |
| |
(a) | any reference to being infected or contaminated includes a |
| |
reference to carrying the source of an infection or |
| |
| 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. |
| |
| |
(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. |
| |
| |
(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. |
| |
| |
(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 |
| |
|
| |
|