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Health and Social Care Act 2008

Schedule 11: Public health protection: further amendments

432.Schedule 11 amends or repeals provisions in other legislation consequent on changes made by the repeal and replacement of Part 2 of the Public Health Act 1984. It also amends other provisions of the Public Health Act 1984.

433.Paragraph 2 removes from section 159 of the Local Government, Planning and Land Act 1980 a reference to provisions in Part 2 which refer to common lodging houses.

434.Paragraphs 3 to 30 amend the Public Health Act 1984. Paragraphs 3 to 6 define local authorities in section 1 (authorities administering Act), update sections 5 (financial provisions as to port health authorities) and 7 (port health district and authority for Port of London) and make repeals consequent on the replacement of Part 2 (of sections 1(2) and (4) and 9).

435.Paragraph 7 updates section 48 in line with modern scientific understanding of the spread of disease, so that the powers to deal with the removal of dead bodies are not limited to a particular building.

436.Paragraphs 8 to 10 remove references to infectious disease from sections 49 to 51 of Part 4 of the Public Health Act 1984, which deals with canal boats. These references are unnecessary, as the powers in Part 2A will cover canal boats.

437.Paragraph 11 repeals provision for criminal offences in section 52 under Part 4 which have become unnecessary in light of changes made to section 2 of the Magistrates’ Courts Act 1980 by the Courts Act 2003.

438.Paragraph 12 omits Part 5 (miscellaneous) and section 57 (general provision for compensation) in Part 6 of the Public Health Act 1984. The provisions are either out of date or are intended to be replaced by or under Part 2A.

439.Paragraphs 13 to 15 bring sections 58 to 60 in line with new Part 2A by substituting for local authorities, relevant health protection authorities which include local authorities and making other consequential amendments.

440.Paragraph 16 updates the Public Health Act 1984 by introducing a new section 60A which provides a regulation-making power to enable notices, orders and other documents to be given or served electronically.

441.Paragraph 17 updates and amends the powers to enter premises in section 61 to bring them into line with Part 2A. New subsection (2A) of section 61 curtails the right of entry in subsection (1) of section 61 so that it does not apply in respect of a private dwelling, but without affecting the power of a justice of the peace to issue a warrant under subsection (3) of section 61.

442.Paragraph 18 amends section 62 to elaborate on how the right of entry or authorisation by warrant to enter under section 61 can be used.

443.Paragraph 19 substitutes a new section 63 to provide for the wilful obstruction offence that continues to apply to Parts 3, 4 and 6 of the Public Health Act 1984 and bring the maximum fine, other than in relation to Part 4, into line with the maximum fine payable under Part 2A.

444.Paragraph 20 inserts new sections 63A and 63B which concern offences by bodies corporate and unincorporated associations respectively. An officer of a body corporate may be liable for an offence as well as the body corporate by virtue of new section 63A. An officer or member of an unincorporated association may be liable for an offence as well as the unincorporated association by virtue of new section 63B.

445.Paragraph 21 updates and amends section 64 to restrict who can bring a prosecution under the Public Health Act 1984.

446.Paragraph 22 inserts new section 64A to extend time limits in the Magistrates’ Courts Act 1980 for bringing a prosecution for an offence created by or under the Public Health Act 1984.

447.The amendment at paragraph 23 to section 67 is needed to ensure that the right of appeal under section 67 applies to decisions of a magistrates’ court under regulations made in Part 2A.

448.Paragraph 24 substitutes a new section 69 to extend protection from personal liability in or under the Act to all those who could carry out functions by virtue of new Part 2A.

449.Paragraph 25 removes the power for the Secretary of State to hold local inquiries under section 70 by omitting the section.

450.Paragraph 26 substitutes a new section 71 to update the default powers setting out the process to be followed if the appropriate Minister believes a relevant health protection authority is not carrying out its functions correctly.

451.Paragraph 27 extends the “cumulative effects” provision in section 72 to include regulations made under new Part 2A and other provision under the Act.

452.Paragraph 28 makes a consequential amendment to the provisions on Crown property in section 73 to reflect the new definition of premises which includes vessels.

453.Paragraph 29 makes consequential amendments and adds definitions to, or updates the definitions in, section 74 (interpretation) to reflect changes in Part 2A.

454.Paragraph 30 repeals section 76, which made provision for the Isle of Man and the Channel Islands.

455.Paragraph 31 repeals a reference to a repealed provision in the Public Health Act 1984 from the Planning and Compensation Act 1991.

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