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Public Health (Control of Disease) Act 1984

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Changes over time for: Section 37

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Version Superseded: 01/04/2007

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Point in time view as at 01/04/2004. This version of this provision has been superseded. Help about Status

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There are currently no known outstanding effects for the Public Health (Control of Disease) Act 1984, Section 37. Help about Changes to Legislation

37 Removal to hospital of person with notifiable disease.E+W

(1)Where a justice of the peace (acting, if he deems it necessary, ex parte) is satisfied, on the application of the local authority, that a person is suffering from a notifiable disease and—

(a)that his circumstances are such that proper precautions to prevent the spread of infection cannot be taken, or that such precautions are not being taken, 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 [F1or, pursuant to arrangements made by a [F2Health Authority][F3or Primary Care Trust] (whether under an NHS contract or otherwise), in a suitable hospital vested in a NHS trust , [F4NHS foundation trust,][F3 Primary Care Trust] or other person],

the justice may, with the consent [F5mentioned in subsection (1A) below], order him to be removed to it.

[F6(1A)The consent referred to in subsection (1) above is that of a Primary Care Trust or Health Authority—

(a)any part of whose area falls within that of the local authority, and

(b)which appears to the local authority to be an appropriate Primary Care Trust or Health Authority from whom to obtain consent.]

(2)An order under this section may be addressed to such officer of the local authority as the justice may think expedient, and that officer and any officer of the hospital may do all acts necessary for giving effect to the order.

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