SCHEDULES

SCHEDULE 11Public health protection: further amendments

Public Health (Control of Disease) Act 1984

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1

Section 61 of the 1984 Act (power to enter premises) is amended as follows.

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,

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 ”.