Part 4Public health functions of health boards

Review of orders

I152Duty to review exclusion and restriction orders

1

This section applies where a person is subject to—

a

an exclusion order; or

b

a restriction order.

2

Without prejudice to section 53(2), a health board competent person of the appropriate health board must, during the period of 1 week ending with the relevant day, consider whether—

a

the conditions mentioned in subsection (3)(a) and (b) continue to apply; and

b

it continues to be necessary, to avoid or minimise a significant risk to public health, for the person to be subject to the order.

3

The conditions referred to in subsection (2)(a) are—

a

that the person—

i

has an infectious disease;

ii

has been exposed to an organism which causes such a disease;

iii

is contaminated; or

iv

has been exposed to a contaminant; and

b

that as a result there is a significant risk to public health.

4

If, having considered the matters mentioned in subsection (2)(a) and (b), the competent person is not satisfied—

a

that the conditions mentioned in subsection (3)(a) and (b) continue to apply; or

b

that it continues to be necessary for the person to be subject to the order,

the competent person must revoke it.

5

In subsection (2)—

  • appropriate health board” has the same meaning as in section 48(5);

  • relevant day” means—

    1. a

      the last day of the period of 3 weeks beginning with the day on which the order is made; and

    2. b

      where that 3-week period has expired, the last day of each subsequent 3-week period.