SCHEDULES
SCHEDULE 21Powers relating to potentially infectious persons
PART 5Powers relating to potentially infectious persons in Northern Ireland
Powers exercisable at a screening and assessment place: constables and immigration officers
78
1
This paragraph applies where, during a transmission control period—
a
a person is (whether or not pursuant to the exercise of powers under this Part of this Schedule) at a place in Northern Ireland which is suitable for screening and assessment, and
b
an immigration officer or a constable has reasonable grounds to suspect that the person is potentially infectious.
2
The immigration officer or constable may, subject to sub-paragraphs (3) to (6), keep the person at that place until such time as a public health officer can exercise the functions under paragraphs 74 to 76 in relation to that person.
3
A person may not under sub-paragraph (2) be kept—
a
by a constable, for a period exceeding 24 hours, or
b
by an immigration officer, for a period exceeding 3 hours.
4
If before the end of the period referred to in sub-paragraph (3)(a) or (b) the immigration officer or constable considers that it is necessary to extend the period because it is not reasonably practicable for a public health officer to exercise the functions under paragraphs 74 to 76 before the end of that period, the officer or constable may, with the consent of a relevant officer, extend the period for a further—
a
24 hours, in the case of keeping by a constable, or
b
9 hours, in the case of keeping by an immigration officer.
5
In sub-paragraph (4) “relevant officer” means—
a
a constable of the rank of superintendent or above, in the case of keeping by a constable, or
b
an immigration officer not below the rank of chief immigration officer, in the case of keeping by an immigration officer.
6
An immigration officer or constable may keep a person under this paragraph only if they consider it is necessary and proportionate to do so—
a
in the interests of the person,
b
for the protection of other people, or
c
for the maintenance of public health.
7
Where an immigration officer or constable keeps a person at a place under this paragraph, they must inform that person—
a
of the reason for keeping them,
b
of the maximum period for which they may be kept (taking into account the effect of sub-paragraph (4)), and
c
that it is an offence to abscond.
8
An immigration officer or constable must, before exercising the powers conferred by this paragraph, consult a public health officer to the extent that it is practicable to do so.