[F1Part 2AE+WPublic Health Protection

Textual Amendments

F1Pt. 2A inserted (21.7.2008 for specified purposes, 1.4.2009 for the insertion, insofar as relating to E., of ss. 45A, 45C, 45D, 45E, 45F, 45P, 45Q, 45R, 45S and 45T, otherwise 6.4.2010 for E. and 26.7.2010 for W.) by Health and Social Care Act 2008 (c. 14), ss. 129, 170(1)(b); S.I. 2009/462, art. 3; S.I. 2010/708, art. 6(a) (with Sch. 2); S.I. 2010/1547, art. 2(e) (with Sch. 1)

Orders that may be made by justice of the peaceE+W

45OEnforcement of Part 2A ordersE+W

(1)A person commits an offence if the person—

(a)fails without reasonable excuse to comply with a restriction or requirement imposed by or under a Part 2A order, or

(b)wilfully obstructs anyone acting in the execution of a Part 2A order.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to [F2a fine].

(3)If—

(a)a person is convicted of an offence under subsection (1), and

(b)the court by which the person is convicted is satisfied that the failure or wilful obstruction constituting the offence has caused premises or things to become infected or contaminated or otherwise damaged them in a material way,

the court may, if it considers it appropriate to do so, order the person to take or pay for such remedial action as may be specified in the order.

(4)Subsection (5) applies if—

(a)a Part 2A order imposes a requirement that a person be detained or kept in isolation or quarantine in a place, and

(b)the person leaves that place contrary to the requirement.

(5)A constable may take the person into custody and return the person to that place.

(6)But a person may not be taken into custody under subsection (5) after expiry of the period for which the requirement is in force.]

Textual Amendments