The Health Protection Agency (Scottish Health Functions) Amendment Order 2007

Explanatory Note

(This note is not part of the Order)

Section 2(7) of the Health Protection Agency Act 2004 (“the Act”) enables the Scottish Ministers by order to confer on the Health Protection Agency (“the Agency”) a function of any description falling within section 2(1) of the Act to the extent that it is exercisable within devolved competence. Section 2(1) of the Act includes the functions of: (a) the protection of the community (or any part of the community) against infectious disease and other dangers to health; (b) the prevention of the spread of disease; and (c) the provision of assistance to any other person who exercises functions in relation to those matters.

The Scottish Ministers conferred upon the Agency under article 2 of the Health Protection Agency (Scottish Health Functions) Order 2006 (“the principal Order”) certain Scottish health functions. This Order amends the principal Order to provide for the Agency to have further health protection functions in relation to Scotland in connection with implementation of the International Health Regulations of the World Health Organization (“the IHR”).

Article 2 inserts additional definitions relating to the IHR into article 1(2) of the principal Order. Article 3 adds, to article 2 of the principal Order, new paragraphs (f) to (i) dealing with the new IHR related functions, namely the function of assessing events that might constitute a public health emergency of international concern (within the meaning of the IHR), and thereafter by acting as the UK National IHR Focal Point for Scottish interests including the notification of any such public health emergency of international concern to the World Health Organization. The Agency is also given the function, again for centralised notification reasons from the UK, of sending to the World Health Organization pursuant to Article 20.3 of the IHR lists of ports authorised to offer Ships Sanitation Control Certificates and Ships Sanitation Control Exemption Certificates in Scotland.

By article 1(1) the Order is to come into force on 15th June 2007, the date that the IHR come into force for the United Kingdom.

The Secretary of State has agreed to the making of this Order in accordance with section 2(8)(a) of the Act.

The full text of the International Health Regulations (2005) is available on the World Health Organization’s website, www.who.int/gb/ebwha/pdf_files/WHA58/WHA58_3-en.pdf.

No Regulatory Impact Assessment has been prepared in respect of this Order as it has no impact on costs of business.