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(1)Subject to the provisions of this section, the Department may, as respects the whole or part of Northern Ireland, including coastal waters, make regulations—
(a)with a view to the treatment of persons affected with any epidemic, endemic or infectious disease and for preventing the spread of such diseases, F2. . .
(b)for preventing danger to public health from vessels or aircraft arriving at any place,[F3 and
(c)for preventing the spread of infection or contamination by means of any vessel or aircraft leaving any place, so far as may be necessary or expedient for the purpose of carrying out any treaty, convention, arrangement or engagement with any other country,]
so, however, that before making regulations under sub-paragraph (b) [F4or (c)] the Department shall consult, in the case of vessels, the Secretary of State.
[F5(1A)For the purposes of subsection (1)(c) “contamination” means the presence of an infectious or toxic agent or matter on a human or animal body surface, in or on a product prepared for consumption or on other inanimate objects, including conveyances, that may constitute a public health risk.]
(2)Without prejudice to the generality of subsection (1), the Department may by any such regulations apply, with or without modifications, to any disease to which the regulations relate any enactment relating to the notification of disease or to notifiable or infectious diseases.
(3)Regulations made under this section may provide for—
(a)the signals to be displayed by vessels or aircraft having on board any case of epidemic, endemic or infectious disease,
(b)the questions to be answered by masters, pilots and other persons on board any vessel or aircraft as to cases of such disease on board during the voyage or on arrival,
(c)requiring persons alighting from aircraft to answer questions pertaining to their state of health or their contact with infection,
(d)the detention of vessels or aircraft and of persons on board them,
(e)the duties to be performed in cases of such diseases by masters, pilots and other persons on board vessels or aircraft,
and may authorise the making of charges and provide for the recovery of such charges and of any expenses incurred in disinfection.
(4)Subject to section 2B, regulations made under this section—
(a)shall provide for their enforcement and execution by [F6the Regional Agency], and
(b)may also provide for their enforcement and execution by officers of customs and excise,
but regulations so made shall require—
(i)so far as they apply to officers of customs and excise, the consent of the Commissioners of Customs and Excise;
(ii)so far as they apply to signals, in the case of vessels, the consent of the Secretary of State.
(5)Subject to section 2B, the following persons, that is to say—
(a)authorised officers of [F6the Regional Agency] as is specified by the regulations in accordance with subsection (4)(a), and
(b)officers of customs and excise,
may enter any premises for the purpose of executing, or superintending the execution of, regulations under this section.
(6)Any person who wilfully neglects or refuses to obey or carry out, or obstructs the execution of, any regulations made under this section shall be guilty of an offence and, in a case where no provision is made in the regulations for his punishment, be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7)Where a person is convicted of an offence under subsection (6) and where that subsection is again contravened within one year after the conviction he shall be liable on summary conviction to a further fine not exceeding £50 for every day subsequent to the day on which he is first convicted of an offence under subsection (6) on which it is so contravened.]
F2Word in s. 2A(1)(a) omitted (6.5.2008) by virtue of Public Health (Amendment) Act (Northern Ireland) 2008 (c. 5), s. 1(2)(a)
F3S. 2A(1)(c) and preceding word inserted (6.5.2008) by Public Health (Amendment) Act (Northern Ireland) 2008 (c. 5), s. 1(2)(b)
F4Words in s. 2A(1) inserted (6.5.2008) by Public Health (Amendment) Act (Northern Ireland) 2008 (c. 5), s. 1(2)(c)
F5S. 2A(1A) inserted (6.5.2008) by Public Health (Amendment) Act (Northern Ireland) 2008 (c. 5), s. 1(3)
F6Words in Act substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 2(2); S.R. 2009/114, art. 2