Part 4Public health functions of health boards

Exclusion orders and restriction orders

I138Restriction orders

1

This section applies where—

a

a health board knows that a person who is present in that board's area—

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

it appears to the board that as a result—

i

there is a significant risk to public health; and

ii

it is necessary, to avoid or minimise that risk, for the person to be restricted from carrying on certain activities.

2

A health board competent person may make an order (a “restriction order”)—

a

prohibiting the person from carrying on any activity; and

b

imposing such conditions (if any) on the person as the competent person considers appropriate.

3

A competent person—

a

may not make a restriction order unless that person is satisfied as to the matters mentioned in subsection (1);

b

must, when making a restriction order, have regard to the desirability of imposing the least restrictive order necessary to protect public health.

4

The restriction order must—

a

specify—

i

the person to whom it applies;

ii

the activity, or type of activity, which the person is prohibited from carrying on; and

iii

any conditions imposed on the person;

b

be served on the person to whom it applies; and

c

be notified to—

i

any person who was given an explanation under section 31(5); and

ii

any other person the competent person considers appropriate.

5

A restriction order has effect only from the time it is served on the person to whom it applies.