Health and Social Care Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

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.

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(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.

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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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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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(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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(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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(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