Part 6Immigration Procedure

Disclosure of information by public authority

133 Medical inspectors

1

This section applies to a person if an immigration officer acting under Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry, &c.) has brought the person to the attention of—

a

a medical inspector appointed under paragraph 1(2) of that Schedule, or

b

a person working under the direction of a medical inspector appointed under that paragraph.

2

A medical inspector may disclose to a health service body—

a

the name of a person to whom this section applies,

b

his place of residence in the United Kingdom,

c

his age,

d

the language which he speaks,

e

the nature of any disease with which the inspector thinks the person may be infected,

f

relevant details of the person’s medical history,

g

the grounds for an opinion mentioned in paragraph (e) (including the result of any test or examination which has been carried out), and

h

the inspector’s opinion about action which the health service body should take.

3

A disclosure may be made under subsection (2) only if the medical inspector thinks it necessary for the purpose of—

a

preventative medicine,

b

medical diagnosis,

c

the provision of care or treatment, or

d

the management of health care services.

4

For the purposes of this section “health service body” in relation to a person means a body which carries out functions in an area which includes his place of residence and which is—

a

in relation to England—

i

a Primary Care Trust established under section 16A of the National Health Service Act 1977 (c. 49),

ii

a National Health Service Trust established under section 5 of the National Health Service and Community Care Act 1990 (c. 19),

F1iia

an NHS foundation trust,

iii

a Strategic Health Authority established under section 8 of the National Health Service Act 1977,F2 or

iv

a Special Health Authority established under section 11 of that Act, F3. . .

v

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4or

vi

the Health Protection Agency.

b

in relation to Wales—

i

a Health Authority or Local Health Board established under section 8 or 16BA of that Act,F11 or

ii

a National Health Service Trust established under section 5 of the National Health Service and Community Care Act 1990, F5. . .

iii

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6or

iv

the Health Protection Agency.

c

in relation to Scotland—

i

a Health Board, Special Health Board or National Health Service Trust established under section 2 or 12A of the National Health Service (Scotland) Act 1978 (c. 29), F7. . .

ii

the Common Services Agency for the Scottish Health Service established under section 10 of that Act, or

F8iii

the Health Protection Agency, or

d

in relation to Northern Ireland—

i

a Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)),

ii

a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), F9. . .

iii

the Department of Health, Social Services and Public SafetyF10 or

iv

the Health Protection Agency.