(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 [F1section 18 of the National Health Service Act 2006] ,
(ii)a National Health Service Trust established under [F2section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006] ,
[F3(iia)an NHS foundation trust,]
(iii)a Strategic Health Authority established under [F4section 13 of the National Health Service Act 2006] ,[F5 or]
(iv)a Special Health Authority established under [F6section 28 of that Act, or section 22 of the National Health Service (Wales) Act 2006] , F7. . .
(v)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F8or
(vi)the Health Protection Agency.]
(b)in relation to Wales—
[F9(i)a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006,]
(ii)a National Health Service Trust established under [F10section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006] , F11. . .
(iii)F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F12or
(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), F13. . .
(ii)the Common Services Agency for the Scottish Health Service established under section 10 of that Act, or
[F14(iii)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)), F15. . .
(iii)the Department of Health, Social Services and Public Safety[F16 or
(iv)the Health Protection Agency.]
Textual Amendments
F1Words in s. 133(4)(a)(i) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 228(a) (with Sch. 3 Pt. 1)
F2Words in s. 133(4)(a)(ii) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 228(b) (with Sch. 3 Pt. 1)
F3S. 133(4)(a)(iia) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 128; S.I. 2004/759, art. 2
F4Words in s. 133(4)(a)(iii) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 228(c) (with Sch. 3 Pt. 1)
F5Word in s. 133(4)(a) inserted (1.4.2005) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 190, 199, Sch. 13 para. 12(a); S.I. 2005/457, art. 2
F6Words in s. 133(4)(a)(iv) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 228(d) (with Sch. 3 Pt. 1)
F7S. 133(4)(a)(v) and preceding word repealed (1.4.2005) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 190, 196, 199, Sch. 13 para. 12(a), Sch. 14 Pt. 7; S.I. 2005/457, art. 2
F8S. 133(4)(a)(vi) and preceding word inserted (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 11, 12, Sch. 3 para. 17(2); S.I. 2005/121, art. 2(2)
F9S. 133(4)(b)(i) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 228(e) (with Sch. 3 Pt. 1)
F10Words in s. 133(4)(b)(ii) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 228(f) (with Sch. 3 Pt. 1)
F11S. 133(4)(b)(iii) and preceding word repealed (1.4.2005) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 190, 196, 199, Sch. 13 para. 12(b), Sch. 14 Pt. 7; S.I. 2005/457, art. 2
F12S. 133(4)(b)(iv) and preceding word inserted (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 11, 12, Sch. 3 para. 17(3); S.I. 2005/121, art. 2(2)
F13Word in s. 133(4)(c) repealed (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 11, 12, Sch. 3 para. 17(4)(a), Sch. 4; S.I. 2005/121, art. 2(2)
F14S. 133(4)(c)(iii) inserted (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 11, 12, Sch. 3 para. 17(4)(b); S.I. 2005/121, art. 2(2)
F15Word in s. 133(4)(d) repealed (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 11, 12, Sch. 3 para. 17(5)(a), Sch. 4; S.I. 2005/121, art. 2(2)
F16S. 133(4)(d)(iv) and preceding word inserted (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 11, 12, Sch. 3 para. 17(5)(b); S.I. 2005/121, art. 2(2)