Textual Amendments
F1Pt. 2A inserted (21.7.2008 for specified purposes, 1.4.2009 for the insertion, insofar as relating to E., of ss. 45A, 45C, 45D, 45E, 45F, 45P, 45Q, 45R, 45S and 45T, otherwise 6.4.2010 for E. and 26.7.2010 for W.) by Health and Social Care Act 2008 (c. 14), ss. 129, 170(1)(b); S.I. 2009/462, art. 3; S.I. 2010/708, art. 6(a) (with Sch. 2); S.I. 2010/1547, art. 2(e) (with Sch. 1)
(1)The appropriate Minister may by regulations make provision for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination in England and Wales (whether from risks originating there or elsewhere).
(2)The power in subsection (1) may be exercised—
(a)in relation to infection or contamination generally or in relation to particular forms of infection or contamination, and
(b)so as to make provision of a general nature, to make contingent provision or to make specific provision in response to a particular set of circumstances.
(3)Regulations under subsection (1) may in particular include provision—
(a)imposing duties on registered medical practitioners or other persons to record and notify cases or suspected cases of infection or contamination,
(b)conferring on local authorities or other persons functions in relation to the monitoring of public health risks, and
(c)imposing or enabling the imposition of restrictions or requirements on or in relation to persons, things or premises in the event of, or in response to, a threat to public health.
(4)The restrictions or requirements mentioned in subsection (3)(c) include in particular—
(a)a requirement that a child is to be kept away from school,
(b)a prohibition or restriction relating to the holding of an event or gathering,
(c)a restriction or requirement relating to the handling, transport, burial or cremation of dead bodies or the handling, transport or disposal of human remains, and
(d)a special restriction or requirement.
(5)The power in subsection (1) is subject to section 45D.
(6)For the purposes of this Part—
(a) a “ special restriction or requirement ” means a restriction or requirement which can be imposed by a justice of the peace by virtue of section 45G(2), 45H(2) or 45I(2), but
(b)a restriction or requirement mentioned in subsection (4)(a), (b) or (c) is not to be regarded as a special restriction or requirement.]