Part 5Public health functions of local authorities
Disinfection etc. of premises and things
79Use of powers in emergencies
1
This section applies where—
a
a local authority knows or suspects that—
i
any premises in its area are; or
ii
any thing in or on such premises is,
infected, infested or contaminated;
b
it appears to the authority that as a result it is necessary, to prevent, or prevent the spread of, infectious disease or contamination, for one or more of the steps mentioned in section 73(2) to be taken; and
c
the authority considers, on reasonable grounds, that there is an emergency.
2
An authorised officer may enter the premises—
a
whether or not a notice under section 73(3) or 76(2) has been served;
b
where a notice under section 73(3) has been served, whether or not the period specified in the notice has expired.
3
The authorised officer may enter premises by virtue of this section only where a local authority competent person certifies that the person is satisfied as to the matters in subsection (1).
4
The power of entry which the officer has—
a
may be exercised at any time; and
b
includes power to use reasonable force.
5
Where the premises in relation to which the officer proposes to exercise the power are a dwellinghouse, section 77 does not apply.
6
The authorised officer may, on entering premises by virtue of this section—
a
take any other person authorised by the officer and, if the officer has reasonable cause to expect any serious obstruction in obtaining access, a constable;
b
direct that—
i
those premises (or any part of them) are; or
ii
any thing in or on them is,
to be left undisturbed (whether generally or in particular respects) for so long as the officer considers appropriate;
c
take any step mentioned in section 73(2);
d
remove any thing from the premises for the purpose of taking any such step at any other place.
7
An authorised officer who enters any unoccupied premises by virtue of this section must leave the premises as effectively secured against unauthorised entry as the officer found them.
8
This section applies despite the making of an appeal under section 83(1).
9
In this section, there is an “emergency” if—
a
there is a significant risk to public health; and
b
the nature of that risk is such that immediate action is necessary to prevent, or prevent the spread of, infectious disease or contamination.