Health and Social Care Act 2008

Valid from 06/04/2010

17 (1) Section 61 of the 1984 Act (power to enter premises) is amended as follows. E+W

(2) In subsection (1)—

(a) for “authorised officer of a local authority” substitute “ proper officer of a relevant health protection authority ”,

(b) for paragraph (a) substitute—

“(a) for the purposes of ascertaining whether there is, or has been, any contravention of a relevant provision of this Act, or of an order made by a justice of the peace under Part 2A of this Act, which it is the function of the relevant health protection authority to enforce,”, and

(c) in each of paragraphs (b), (c) and (d)—

(i) for “or such byelaws” substitute “ or in relation to such an order ”, and

(ii) for “local authority” substitute “ relevant health protection authority ”.

(3) In subsection (2) omit “, other than a factory or workplace,”.

(4) After subsection (2) insert—

“(2A) Subsection (1) does not authorise entry to any part of premises which is used as a private dwelling (but this does not affect the power of a justice of the peace under subsection (3) to issue a warrant authorising entry to a private dwelling or to any part of premises used as a private dwelling).”

(5) In subsection (3), for “the local authority by any authorised officer” substitute “ the relevant health protection authority by any proper officer ”.