SCHEDULE 21Powers relating to potentially infectious persons
PART 2Powers relating to potentially infectious persons in England
Powers to direct or remove persons to a place suitable for screening and assessment
6
(1)
This paragraph applies if, during a transmission control period, a public health officer has reasonable grounds to suspect that a person in England is potentially infectious.
(2)
The public health officer 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,
(b)
remove the person to a place suitable for screening and assessment, or
(c)
request a constable to remove the person to a place suitable for screening and assessment (and the constable may then do so).
(3)
A public health officer may exercise the powers conferred by this paragraph in relation to a person only if the officer 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 a public health officer exercises the powers conferred by this paragraph, the officer 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 (by the officer or by a constable), to abscond.
7
(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 England 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.