Public Health (Control of Disease) Act 1984

Changes over time for: Section 61

Version Superseded: 26/07/2010

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Point in time view as at 06/04/2010. This version of this provision has been superseded.

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61 Power to enter premises.E+W

(1)Subject to the provisions of this section, any [F1proper officer of a relevant health protection authority] shall, on producing, if so required, some duly authenticated document showing his authority have a right to enter any premises at all reasonable hours—

[F2(a)for the purposes of ascertaining whether there is, or has been, any contravention of a relevant provision of this Act, or of an order made by a justice of the peace under Part 2A of this Act, which it is the function of the relevant health protection authority to enforce,]

(b)for the purpose of ascertaining whether or not circumstances exist which would authorise or require the [F3relevant health protection authority] to take any action, or execute any work, under such a provision [F4or in relation to such an order],

(c)for the purpose of taking any action, or executing any work, authorised or required by such a provision [F5or in relation to such an order], or by any order made under such a provision, to be taken, or executed, by the [F6relevant health protection authority], or

(d)generally, for the purpose of the performance by the [F7relevant health protection authority] of their functions under such a provision [F8or in relation to such an order].

(2)Admission to any premises F9... shall not be demanded as of right unless twenty–four hours’ notice of the intended entry has been given to the occupier.

[F10(2A)Subsection (1) does not authorise entry to any part of premises which is used as a private dwelling (but this does not affect the power of a justice of the peace under subsection (3) to issue a warrant authorising entry to a private dwelling or to any part of premises used as a private dwelling).]

(3)If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a)that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of urgency, or that an application for admission would defeat the object of the entry, and

(b)that there is reasonable ground for entry into the premises for any such purpose as is mentioned in subsection (1) above.

the justice may by warrant under his hand authorise [F11the relevant health protection authority by any proper officer] to enter the premises, if need be by force.

(4)Such a warrant shall not be issued unless the justice is satisfied either that notice of the intention to apply for a warrant has been given to the occupier, or that the premises are unoccupied, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry.

Textual Amendments

F1Words in s. 61(1) substituted (6.4.2010 for E.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 17(2)(a); S.I. 2010/708, art. 6(e) (with Sch. 2)

F2S. 61(1)(a) substituted (6.4.2010 for E.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 17(2)(b); S.I. 2010/708, art. 6(e) (with Sch. 2)

F3Words in s. 61(1)(b) substituted (6.4.2010 for E.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 17(2)(c)(ii); S.I. 2010/708, art. 6(e) (with Sch. 2)

F4Words in s. 61(1)(b) substituted (6.4.2010 for E.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 17(2)(c)(i); S.I. 2010/708, art. 6(e) (with Sch. 2)

F5Words in s. 61(1)(c) substituted (6.4.2010 for E.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 17(2)(c)(i); S.I. 2010/708, art. 6(e) (with Sch. 2)

F6Words in s. 61(1)(c) substituted (6.4.2010 for E.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 17(2)(c)(ii); S.I. 2010/708, art. 6(e) (with Sch. 2)

F7Words in s. 61(1)(d) substituted (6.4.2010 for E.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 17(2)(c)(ii); S.I. 2010/708, art. 6(e) (with Sch. 2)

F8Words in s. 61(1)(d) substituted (6.4.2010 for E.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 17(2)(c)(i); S.I. 2010/708, art. 6(e) (with Sch. 2)

F9Words in s. 61(2) repealed (6.4.2010 for E.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 17(3), Sch. 15 Pt. 3; S.I. 2010/708, art. 6(e)(f) (with Sch. 2)

F10S. 61(2A) inserted (6.4.2010 for E.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 17(4); S.I. 2010/708, art. 6(e) (with Sch. 2)

F11Words in s. 61(3) substituted (6.4.2010 for E.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 17(5); S.I. 2010/708, art. 6(e) (with Sch. 2)