SCHEDULES

SCHEDULE 21Powers relating to potentially infectious persons

PART 5Powers relating to potentially infectious persons in Northern Ireland

72Powers to direct or remove persons to a place suitable for screening and assessment

1

This paragraph applies if, during a transmission control period—

a

a constable, or

b

an immigration officer in the course of exercising any of their functions,

has reasonable grounds to suspect that a person in Northern Ireland is potentially infectious.

2

The immigration officer or constable may, subject to sub-paragraph (3)

a

direct the person to go immediately to a place specified in the direction which is suitable for screening and assessment, or

b

remove the person to a place suitable for screening and assessment.

3

An immigration officer or constable may exercise the powers conferred by this paragraph in relation to a person only if the officer or constable considers that it is necessary and proportionate to do so—

a

in the interests of the person,

b

for the protection of other people, or

c

for the maintenance of public health.

4

Where an immigration officer or constable exercises the power to direct or remove a person under this paragraph, the officer or constable must inform that person—

a

of the reason for directing or removing them, and

b

that it is an offence—

i

in a case where a person is directed, to fail without reasonable excuse to comply with the direction, or

ii

in a case where a person is removed, to abscond.

5

An immigration officer or constable must, before exercising the powers conferred by this paragraph, consult a public health officer to the extent that it is practicable to do so.