Modifications etc. (not altering text)
C1Pt. II (except ss. 11 and 12, 21-23 and 39-42) modified (7.8.1991) by S.I. 1991/1773, art. 8 (2)(3), Sch.2.
Pt. II (except ss. 11 and 12, 21-23 and 39-42) modified (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch.2
C2Pt. II (except ss. 11 and 12, 21-23, and 39-42): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch.2
Pt. II (except ss. 11 and 12, 21-23, and 39-42): certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch.2
(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.
Textual Amendments
F1Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 26(2)(a)
F2Words in s. 37(1)(c) 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(6)(a) (with Sch. 2 paras. 6, 16)
F3Words in S. 37(1)(c) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 17(4) (with art. 2(5))
F4Words in s. 37(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. 62; S.I. 2004/759, art. 2
F5Words in s. 37(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(4)(a)
F6S. 37(1A) inserted (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(4)(b)
Modifications etc. (not altering text)
C3S. 37 applied by S.I. 1988/1546, reg. 3, Sch. 1