3.—(1) The claimant—U.K.
(a)is excluded or abstains from work pursuant to a request or notice in writing lawfully made or given under an enactment; or
(b)is otherwise prevented from working pursuant to an enactment,
by reason of it being known or reasonably suspected that the claimant is infected or contaminated by, or has been in contact with a case of, a relevant infection or contamination.
(2) In sub-paragraph (1) “relevant infection or contamination” means—
(a)in England and Wales—
(i)any incidence or spread of infection or contamination, within the meaning of section 45A(3) of the Public Health (Control of Disease) Act 1984 M1 in respect of which regulations are made under Part 2A of that Act (public health protection) for the purpose of preventing, protecting against, controlling or providing a public health response to, such incidence or spread, or
(ii)tuberculosis or any infectious disease to which regulation 9 of the Public Health (Aircraft) Regulations 1979 (powers in respect of persons leaving aircraft) M2 applies or to which regulation 10 of the Public Health (Ships) Regulations 1979 (powers in respect of certain persons on ships) M3 applies; and
(b)in Scotland any—
(i)infectious disease within the meaning of section 1(5) of the Public Health etc (Scotland) Act 2008 M4, or exposure to an organism causing that disease; or
(ii)contamination within the meaning of section 1(5) of that Act, or exposure to a contaminant,
to which sections 56 to 58 of that Act (compensation) apply.
Marginal Citations
M11984 c.22. Section 45A and Part 2A were inserted by section 129 of the Health Act 2008 (c.14).
M3S.I. 1979/1435. Regulation 10 was amended by S.I.s 2007/1446 and 1901.