Public Health (Control of Disease) Act 1984

Common lodging–houses E+W

39 Keeper of common lodging–house to notify case of infectious disease. E+W

(1) Where a person in a common lodging–house is suffering from any infectious disease, the keeper of the lodging–house shall immediately give notice of the case to the local authority for the district.

(2) A keeper of a lodging–house who fails to comply with subsection (1) above shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £2 for each day on which the offence continues after conviction.

(3) The local authority within whose district a common lodging–house is situated shall, if possible on the day on which they receive a notice under subsection (1) above and in any case within 48 hours after the receipt of the notice, send a copy of the notice to the [F1 Primary Care Trust or] [F2 [F3 Local Health Board] within whose area] that lodging–house is situated.

Textual Amendments

F1 Words in s. 39(3) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 2(5), Sch. 2 para. 50(4); S.I. 2002/2478, art. 3(1)(d)

F2 Words in s. 39(3) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 108(7) (with Sch. 2 paras. 6, 16)

F3 Words in s. 39(3) substituted (1.4.2007) by References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 14(7)

40 Medical examination of inmates of common lodging–house. E+W

If the proper officer of a local authority has reasonable grounds for believing that there is in a common lodging–house a person who is suffering, or has recently suffered, from a notifiable disease, he may make complaint thereof upon oath to a justice of the peace, and thereupon the justice may by warrant authorise him to enter the lodging–house and examine any person found in it with a view to ascertaining whether he is suffering, or has recently suffered, from a notifiable disease.

41 Removal to hospital of inmate of common lodging–house with notifiable disease. E+W

(1) If a local authority are satisfied—

(a) that a person lodging in a common lodging–house is suffering from a notifiable disease, and

(b) that serious risk of infection is thereby caused to other persons, and

(c) that accommodation for him is available in a suitable hospital vested in the Secretary of State [F4 or, pursuant to arrangements made by a [F5 Local Health Board] [F6 or Primary Care Trust] (whether under an NHS contract or otherwise) in a suitable hospital vested in an NHS trust, [F7 NHS foundation trust] [F6 , Primary Care Trust] [F8 , Local Health Board] or any other person],

they may, with the consent of the . . . F9 [F10 Primary Care Trust or [F5 Local Health Board] in whose area the common lodging-house is situated], order him to be removed to the hospital.

(2) The officer of the local authority to whom an order under this section is addressed and any officer of the hospital in question may do all acts necessary for giving effect to the order.

Textual Amendments

F4 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 26(3)(a)

F5 Words in s. 41(1) substituted (1.4.2007) by References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 14(8)(a)

F6 Words in s. 41(1)(c) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 17(5) (with art. 2(5))

F7 Words in s. 41(1)(c) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 4 para. 63; S.I. 2004/759, art. 2

F8 Words in s. 41(1)(c) inserted (1.4.2007) by References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 14(8)(b)

F9 Words repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10

F10 Words in s. 41(1) substituted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 para. 11(5)

42 Closure of common lodging–house on account of notifiable disease. E+W

(1) If, on the application of a local authority, a magistrates’ court is satisfied that it is necessary in the interests of the public health that a common lodging–house should be closed on account of the existence, or recent occurrence, in it of a case of notifiable disease, the court may make an order directing the lodging–house to be closed until it is certified by the proper officer of the local authority for the district to be free from infection.

(2) Any person who fails to comply with an order under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale, and to a further fine not exceeding £2 for each day on which the offence continues after conviction.