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Civil Aviation Act 1971

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32Health control

(1)Without prejudice to his general duties under any Act of Parliament or otherwise, it shall be the duty of the Secretary of State, and to such extent as he may direct of the Authority, to make such arrangements as appear to him to be necessary—

(a)for preventing danger to public health from aircraft arriving at any aerodrome in the United Kingdom which is owned or managed by the Authority; and

(b)for preventing the spread of infection by means of any aircraft leaving any such aerodrome, so far as may be expedient for the purpose of carrying out any treaty, convention, arrangement or engagement with any country.

(2)A local authority may, and shall if the Secretary of State so requires, undertake duties in connection with the execution of any such arrangements as aforesaid, and the Secretary of State shall make to the local authority out of money provided by Parliament such payments as the local authority may reasonably require in respect of expenses incurred by the local authority in the performance of those duties.

(3)In the application of subsections (1) and (2) of this section to Northern Ireland, for any reference to the Secretary of State there shall be substituted a reference to the Ministry of Health and Social Services for Northern Ireland and the words “out of money provided by Parliament” in subsection (2) shall be omitted ; but nothing in this section shall require or authorise the said Ministry to make payments or incur other expenses in pursuance of this section until provision has been made by the Parliament of Northern Ireland for those payments and expenses to be defrayed out of money provided by that Parliament.

(4)In subsection (2) of this section "local authority" means—

(a)in relation to England and Wales, any local authority for the purposes of the [1936 c. 49.] Public Health Act 1936, any county council, any port health authority and any joint board of which all the constituent authorities are such authorities or councils as aforesaid ;

(b)in relation to Scotland, any local authority for the purposes of the [1945 c. 15 (9 & 10 Geo. 6.).] Public Health (Scotland) Act 1945 and any port local authority as defined in section 172 of the [1897 c. 38.] Public Health (Scotland) Act 1897; and

(c)in relation to Northern Ireland, such authority as the Ministry of Health and Social Services for Northern Ireland may designate as the appropriate authority for the purposes of subsection (2) of this section.

(5)Section 143 of the Public Health Act 1936 (which authorises the making of health regulations) shall have effect in relation to aerodromes in Great Britain which are owned or managed by the Authority, and in relation to persons and aircraft arriving at or departing from such aerodromes, subject to the following modifications, that is to say—

(a)in subsection (1) the proviso shall be omitted ;

(b)in subsection (3) for the words from " shall specify " to " executed" there shall be substituted the words "may provide for their enforcement and execution by officers designated for that purpose by the Secretary of State" and paragraphs (i) and (ii) shall be omitted ; and

(c)in subsection (4) for the words " Authorised officers of any such authority" there shall be substituted the words "Officers designated as aforesaid".

(6)In the application of the preceding subsection to Scotland, for the reference to section 143 of the [1936 c. 49.] Public Health Act 1936 there shall be substituted a reference to section 1 of the [1945 c. 15 (9 & 10 Geo. 6.).] Public Health (Scotland) Act 1945 and paragraph (a) shall be omitted.

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