The Health Protection Agency (Amendment) Regulations 2007

Statutory Instruments

2007 No. 1624

public health

The Health Protection Agency (Amendment) Regulations 2007

Made

7th June 2007

Laid before Parliament

13th June 2007

Coming into force

6th July 2007

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by section 2(2)(a) of the Health Protection Agency Act 2004(1).

In accordance with section 2(2)(a) of that Act she has consulted with the Welsh Ministers(2).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Health Protection Agency (Amendment) Regulations 2007 and shall come into force on 6th July 2007.

(2) In these Regulations “the principal Regulations” means the Health Protection Agency Regulations 2005(3).

Amendment of regulation 1 of the principal Regulations

2.  In regulation 1(3) of the principal Regulations (citation, commencement and interpretation)—

(a) after the definition of “the chairman” insert—

““competent authority” means a competent authority identified in accordance with Article 19 of the IHR (general obligations) and with a role as described at Article 22 of the IHR (role of competent authorities);

“government department” for the purposes of these Regulations includes the Scottish Executive and the Welsh Ministers;”;

(b) after the definition of “health service body” insert—

““the IHR” means the International Health Regulations (2005) of the WHO adopted by the fifty-eighth World Health Assembly on 23rd May 2005;

“National IHR Focal Point” means the national centre, designated by a State Party to the IHR, which shall be accessible at all times for communications with the WHO IHR Contact Point under the IHR;”; and

(c) after the definition of “primary care list” add—

““World Health Assembly” has the meaning set out in the Constitution of the World Health Organization adopted by the International Health Conference held in New York from 19th June to 22nd July 1946 and signed on 22nd July 1946;

“WHO” means the World Health Organization, a specialised agency within the terms of Article 57 of the Charter of the United Nations, established by the Constitution of the World Health Organization;

“WHO IHR Contact Point” means the unit within WHO which shall be accessible at all times for communications with the National IHR Focal Point.”.

Amendment of regulation 7 of the principal Regulations

3.  In regulation 7 of the principal Regulations (directions – health functions), for paragraph (a) substitute—

“(a) to undertake in England the function of arranging for administering centres to—

(i) vaccinate or revaccinate against yellow fever with a vaccine approved by WHO and in accordance with Annex 7 to the IHR, and

(ii) provide persons undergoing such vaccination or revaccination with a certificate in the form specified in Annex 6 to the IHR reproduced at the Schedule to these Regulations certifying that the person has been so vaccinated; and”.

Directions

4.—(1) After regulation 7 of the principal Regulations (directions – health functions) add—

Directions – International Health Regulations

8.— (1) The Secretary of State directs the Agency to act as a National IHR Focal Point for the United Kingdom, the Isle of Man, each of the Channel Islands and each British Overseas Territory except in relation to Scotland in relation to matters which are within devolved competence (within the meaning of the Scotland Act 1998(4)and Northern Ireland in relation to a transferred matter (within the meaning of section 4(1) of the Northern Ireland Act 1998(5)).

(2) Accordingly, the HPA shall exercise the following functions in particular—

(a) to be accessible at all times for communication with the WHO IHR Contact Point (Article 4(2) of the IHR);

(b) to send to the WHO IHR Contact Point urgent communications concerning the implementation of the IHR, in particular under Articles 6 to 12 of the IHR (Article 4(2)(a) of the IHR);

(c) to disseminate information to, and consolidate information from, relevant sectors of the administration within the United Kingdom, the Isle of Man, each of the Channel Islands and each British Overseas Territory including sectors responsible for surveillance and reporting, points of entry, public health services, clinics and hospitals and government departments (Article 4(2)(b) of the IHR);

(d) to communicate with competent authorities in the United Kingdom, the Isle of Man, each of the Channel Islands and each British Overseas Territory on the relevant public health measures taken pursuant to the IHR (Article 22(1)(i) of the IHR);

(e) to receive reports from competent authorities in the United Kingdom, the Isle of Man, each of the Channel Islands and each British Overseas Territory on implementation of necessary additional health measures including isolation of conveyances to prevent the spread of disease (Article 27(1) of the IHR).

(3) The Agency has the following additional functions (in relation to the same territories and to the same extent specified in paragraph (1))—

(a) to provide WHO with its contact details, to continuously update WHO in relation to any changes to its contact details, and to confirm its contact details to WHO annually (Article 4(4) of the IHR); and

(b) to provide to WHO—

(i) a list of bodies authorised to issue or extend the validity of Ship Sanitation Control Certificates or Ship Sanitation Control Exemption Certificates in the United Kingdom, the Isle of Man, each of the Channel Islands and each British Overseas Territory; and

(ii) information on any changes which may occur to the status of the listed bodies (Article 20(3) of the IHR).”.

Schedule

5.  To the principal Regulations add the following Schedule—

Regulation 7(a)

“SCHEDULE

”

Signed by authority of the Secretary of State for Health

Caroline Flint

Minister of State

Department of Health

7th June 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health Protection Agency Regulations 2005(6). The Regulations enable the Health Protection Agency to carry out additional functions with regard to provisions of the International Health Regulations 2005 (IHR) of the World Health Organization. (The full text of the IHR is available on the WHO website, www.who.int/est/ihr/IHRWHA58_3-en.pdf).

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2004 c. 17.

(2)

Functions of the National Assembly for Wales were transferred to the Welsh Ministers by section 162 (transitional etc. provision) and Schedule 11, paragraph 30 (transfer of Assembly functions) of the Government of Wales Act 2006 (c. 32).

(3)

S.I. 2005/408.

(4)

1998 c. 46.

(5)

1998 c. 47.

(6)

S.I. 2005/408.