Health and Social Care Bill

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 3 — Public health protection
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(3)
A justice of the peace may make an order under subsection (4) in
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,
5
(c)
there is a risk that a related person or related thing might infect
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—
10
(a)
the owner of the thing, or
(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
15
related thing).
(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
20
contaminated.
(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
25
may have infected or contaminated.
(7)
The appropriate Minister may 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)
In this section—
30
(a)
any reference to being infected or contaminated includes a
reference to carrying the source of an infection or
contamination, and
(b)
any reference to infecting or contaminating humans, or a person
or thing, includes a reference to passing the source of an
35
infection or contamination to humans, or to the person or thing.
45I
Power to order health measures in relation to premises
(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,
40
(b)
the infection or contamination is one which presents or could
present significant harm to human health,
(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
45
that risk.

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(2)
The order may impose in relation to the premises one or more of the
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;
5
(c)
that the premises be disinfected or decontaminated;
(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—
10
(a)
the premises are or may be infected or contaminated or are or
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,
15
(c)
there is a risk that a related person or related thing might infect
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
20
provide information or answer questions about the premises
(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
25
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,
(c)
a person whom the premises have or may have infected or
contaminated, or
30
(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—
(a)
a thing which has or may have infected or contaminated the
premises,
35
(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
contaminated, or
(d)
a thing which has or may have been infected or contaminated
40
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
justice can be satisfied as mentioned in subsection (1) or (3).
(8)
In this section—
45
(a)
any reference to being infected or contaminated includes a
reference to carrying the source of an infection or
contamination, and

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(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
5
(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 subsections (1)(a) and (c) and (3)(a), the reference to P is a
10
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 subsections (1)(a) and (c) and (3)(a), the reference to the thing
15
is a reference to each thing in the group, and
(b)
in subsections (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 subsections (1)(a) and (c) and (3)(a), the reference to the
20
premises is a reference to each set of premises in the group, and
(b)
in subsections (2) and (4), any reference to the premises is a
reference to any one or more of the sets of premises in the group.
45K
Part 2A orders: supplementary
(1)
This section makes further provision about orders under sections 45G,
25
45H and 45I (referred to in this Part as “Part 2A orders”).
(2)
A Part 2A order may include, in addition to the restrictions or
requirements mentioned in the provision under which it is made, such
other restrictions or requirements as the justice considers necessary for
the purpose of reducing or removing the risk in question.
30
(3)
A restriction or requirement contained in a Part 2A order may be
expressed to take effect subject to conditions specified in the order.
(4)
Two or more Part 2A orders may be combined in a single order.
(5)
A Part 2A order may contain such directions as the justice considers
appropriate to give effect to it.
35
(6)
Without prejudice to subsection (5)—
(a)
a Part 2A order may, if the justice is satisfied as mentioned in
subsection (4) of section 61, authorise anything which may be
authorised by warrant under subsection (3) of that section, and
(b)
if the order does so, section 62(1) and (1A) have effect as if—
40
(i)
the order were a warrant issued under section 61, and
(ii)
the person so authorised were a proper officer.
(7)
A Part 2A order may order the payment of compensation or expenses
in connection with the taking of measures pursuant to the order.

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(8)
A Part 2A order is authority for those persons to whom it is addressed
to do such things as may be necessary to give effect to it.
45L
Period for which Part 2A order may be in force
(1)
A Part 2A order must specify the period for which any restriction or
requirement imposed by or under the order is to remain in force.
5
(2)
That period may be extended by further order of a justice of the peace.
(3)
In relation to restrictions or requirements mentioned in section
45G(2)(c) or (d), the period specified under subsection (1) must not
exceed 28 days.
(4)
The appropriate Minister may by regulations prescribe—
10
(a)
in relation to restrictions or requirements mentioned in section
45G(2)(c) or (d), the maximum period of any extension under
subsection (2), and
(b)
in relation to any other restrictions or requirements, the
maximum period which may be specified under subsection (1)
15
and the maximum period of any extension under subsection (2).
45M
Procedure for making, varying and revoking Part 2A orders
(1)
The power of a justice of the peace to make a Part 2A order is
exercisable on the application of a local authority.
(2)
Local authorities must co-operate with each other in deciding which of
20
them should apply for a Part 2A order in any particular case.
(3)
If a justice of the peace considers it necessary to do so, the justice may
make a Part 2A order without a person having been given such notice
as is otherwise required to be given to that person under rules of court.
(4)
A Part 2A order may be varied or revoked by a justice of the peace on
25
the application of—
(a)
an affected person,
(b)
a local authority, or
(c)
any other authority with the function of executing or enforcing
the order in question.
30
(5)
In the case of an order under section 45G, the following persons are
affected persons—
(a)
P,
(b)
a person with parental responsibility (within the meaning of the
Children Act 1989) for P,
35
(c)
P’s husband, wife or civil partner,
(d)
a person living with P as P’s husband, wife or civil partner, and
(e)
such other persons as may be prescribed by regulations.
(6)
In the case of an order under section 45H(2), the following persons are
affected persons—
40
(a)
the owner of the thing,
(b)
any person with custody or control of the thing, and
(c)
such other persons as may be prescribed by regulations.

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(7)
In the case of an order under section 45I(2), the following persons are
affected persons—
(a)
the owner of the premises,
(b)
any occupier of the premises, and
(c)
such other persons as may be prescribed by regulations.
5
(8)
In the case of an order under section 45H(4) or 45I(4), the person
required to provide information or answer questions and such other
persons as may be prescribed by regulations are affected persons.
(9)
Variation or revocation of a Part 2A order does not invalidate anything
done under the order prior to the variation or revocation.
10
(10)
In this section “regulations” means regulations made by the
appropriate Minister.
45N
Power to make further provision by regulations
(1)
The appropriate Minister may by regulations make provision about the
taking of measures pursuant to Part 2A orders.
15
(2)
The regulations may in particular make provision about—
(a)
the type of investigation which may be carried out as part of a
medical examination;
(b)
the manner in which measures are to be taken;
(c)
who is to be responsible for executing and enforcing measures;
20
(d)
who is to be liable for the costs of measures;
(e)
the payment of compensation or expenses in connection with
the taking of measures.
(3)
But the regulations may not confer functions on officers of Revenue and
Customs to execute or enforce Part 2A orders unless the regulations are
25
made with the consent of the Commissioners for Her Majesty’s
Revenue and Customs.
45O
Enforcement of Part 2A orders
(1)
A person commits an offence if the person—
(a)
fails without reasonable excuse to comply with a restriction or
30
requirement imposed by or under a Part 2A order, or
(b)
wilfully obstructs anyone acting in the execution of a Part 2A
order.
(2)
A person guilty of an offence under subsection (1) is liable on summary
conviction to a fine not exceeding £20,000.
35
(3)
If—
(a)
a person is convicted of an offence under subsection (1), and
(b)
the court by which the person is convicted is satisfied that the
failure or wilful obstruction constituting the offence has caused
premises or things to become infected or contaminated or
40
otherwise damaged them in a material way,

the court may, if it considers it appropriate to do so, order the person to
take or pay for such remedial action as may be specified in the order.
(4)
Subsection (5) applies if—

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(a)
a Part 2A order imposes a requirement that a person be
detained or kept in isolation or quarantine in a place, and
(b)
the person leaves that place contrary to the requirement.
(5)
A constable may take the person into custody and return the person to
that place.
5
(6)
But a person may not be taken into custody under subsection (5) after
expiry of the period for which the requirement is in force.
Regulations under Part 2A: general
45P
General provision about regulations
(1)
A power to make regulations under this Part is exercisable by statutory
10
instrument.
(2)
A power to make regulations under this Part includes power to make
different provision for different cases or different areas.
45Q
Parliamentary control
(1)
An instrument containing regulations under this Part, except one to
15
which subsection (4) applies, is subject to annulment—
(a)
in the case of English regulations, in pursuance of a resolution
of either House of Parliament,
(b)
in the case of Welsh regulations, in pursuance of a resolution of
the National Assembly for Wales.
20
(2)
Subject to subsection (3), subsection (4) applies to an instrument
containing (whether alone or with other provisions)—
(a)
regulations under section 45C,
(b)
regulations which amend an enactment pursuant to section
45F(3), or
25
(c)
the first regulations to be made under section 45G(7).
(3)
Subsection (4) does not apply by virtue of subsection (2)(a) if the
instrument contains a declaration that the person making it is of the
opinion that the instrument does not contain any provision made by
virtue of section 45C(3)(c) which imposes or enables the imposition
30
of—
(a)
a special restriction or requirement, or
(b)
any other restriction or requirement which has or would have a
significant effect on a person’s rights.
(4)
Subject to section 45R, an instrument to which this subsection applies
35
may not be made unless—
(a)
in the case of English regulations, a draft of the instrument has
been laid before, and approved by a resolution of, each House
of Parliament,
(b)
in the case of Welsh regulations, a draft of the instrument has
40
been laid before, and approved by a resolution of, the National
Assembly for Wales.
(5)
If a draft of an instrument containing regulations under section 45B or
45C would, apart from this subsection, be treated for the purposes of
the Standing Orders of either House of Parliament as a hybrid
45

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instrument, it is to proceed in that House as if it were not such an
instrument.
(6)
In this section—
“English regulations” means regulations made by the Secretary of
State;
5
“Welsh regulations” means regulations made by the Welsh
Ministers.
45R
Emergency procedure
(1)
This section applies to an instrument to which subsection (4) of section
45Q applies by virtue of subsection (2)(a) or (b) of that section.
10
(2)
The instrument may be made without a draft having been laid and
approved as mentioned in subsection (4) of that section if the
instrument contains a declaration that the person making it is of the
opinion that, by reason of urgency, it is necessary to make the order
without a draft being so laid and approved.
15
(3)
After an instrument is made in accordance with subsection (2), it must
be laid—
(a)
in the case of English regulations, before each House of
Parliament;
(b)
in the case of Welsh regulations, before the National Assembly
20
for Wales.
(4)
Regulations contained in an instrument made in accordance with
subsection (2) cease to have effect at the end of the period of 28 days
beginning with the day on which the instrument is made unless, during
that period, the instrument is approved—
25
(a)
in the case of English regulations, by a resolution of each House
of Parliament;
(b)
in the case of Welsh regulations, by a resolution of the National
Assembly for Wales.
(5)
But if on any day during that period, on proceedings on a motion that
30
(or to the effect that) the instrument be so approved, either House of
Parliament or, as the case may be, the National Assembly for Wales
comes to a decision rejecting the instrument, the regulations cease to
have effect at the end of that day instead.
(6)
In reckoning any such period of 28 days, no account is to be taken—
35
(a)
in the case of English regulations, of any time during which
Parliament is prorogued or dissolved or during which both
Houses are adjourned for more than 4 days;
(b)
in the case of Welsh regulations, of any time during which the
National Assembly for Wales is dissolved or is in recess for
40
more than 4 days.
(7)
Subsections (4) and (5) do not—
(a)
affect anything done in reliance on the regulations before they
ceased to have effect, or
(b)
prevent the making of new regulations.
45
(8)
In this section “English regulations” and “Welsh regulations” have the
same meaning as in section 45Q.