Public Health (Control of Disease) Act 1984 (c. 22)

[F1 Part 2A E+W Public Health Protection

Textual Amendments

F1 Pt. 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)

Orders that may be made by justice of the peace E+W

45H Power to order health measures in relation to things E+W

(1) A justice of the peace may make an order under subsection (2) in relation to a thing if the justice is satisfied that—

(a) the thing is or may be infected or contaminated,

(b) the infection or contamination is one which presents or could present significant harm to human health,

(c) there is a risk that the thing might infect or contaminate humans, and

(d) it is necessary to make the order in order to remove or reduce that risk.

(2) The order may impose in relation to the thing one or more of the following restrictions or requirements—

(a) that the thing be seized or retained;

(b) that the thing be kept in isolation or quarantine;

(c) that the thing be disinfected or decontaminated;

(d) in the case of a dead body, that the body be buried or cremated;

(e) in any other case, that the thing be destroyed or disposed of.

(3) A justice of the peace may make an order under subsection (4) in relation to a thing if the justice is satisfied that—

(a) the thing is or may be infected or contaminated,

(b) the infection or contamination is one which presents or could present significant harm to human health,

(c) there is a risk that a related person or related thing might infect or contaminate humans, and

(d) it is necessary to make the order in order to remove or reduce that risk.

(4) The order may require—

(a) the owner of the thing, or

(b) any person who has or has had custody or control of the thing,

to provide information or answer questions about the thing (including, in particular, information or questions about where the thing has been or about the identity of any related person or the whereabouts of any related thing).

(5) “ Related person ” means—

(a) a person who has or may have infected or contaminated the thing mentioned in subsection (3)(a), or

(b) a person whom the thing has or may have infected or contaminated.

(6) “ Related thing ” means—

(a) a thing which has or may have infected or contaminated the thing mentioned in subsection (3)(a), or

(b) a thing which the thing mentioned in subsection (3)(a) has or may have infected or contaminated.

(7) The appropriate Minister may by regulations make provision about the evidence that must be available to a justice of the peace before the justice can be satisfied as mentioned in subsection (1) or (3).

(8) In this section—

(a) any reference to being infected or contaminated includes a reference to carrying the source of an infection or contamination, and

(b) any reference to infecting or contaminating humans, or a person or thing, includes a reference to passing the source of an infection or contamination to humans, or to the person or thing.]