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 [F3, Primary Care Trust] or other person],
the justice may, with the consent of the . . . F4[F5Health Authority in whose area][F6lies 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.
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F4Words repealed by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(2), Sch. 10
F5Words in s. 37(1) 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)(b) (with Sch. 2 paras. 6, 16)
F6Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 26(2)(b)
Modifications etc. (not altering text)
C1S. 37 applied by S.I. 1988/1546, reg. 3, Sch. 1