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Part IIE+W Control of Disease

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

Infectious personsE+W

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 District Health Authority (whether under an NHS contract or otherwise), in a suitable hospital vested in a NHS trust or other person],

the justice may, with the consent of the . . . F2 District Health Authority [F3in whose district lies the area, or the greater part of the area, of the local authority], order him to be removed to it.

(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.