Download BRIDGEND COUNTY BOROUGH COUNCIL

BRIDGEND COUNTY BOROUGH COUNCIL
REPORT TO CABINET
7 SEPTEMBER 2010
REPORT OF THE ASSISTANT CHIEF EXECUTIVE LEGAL AND REGULATORY
SERVICES
NEW HEALTH PROTECTION LEGISLATION
1.
Purpose of Report
1.1
To arrange for the Delegation of Powers to the Assistant Chief Executive - Legal
and Regulatory Services to enable powers to be exercised under the following
legislation:




Public Health (Control of Disease) Act 1984 (as amended)
The Health Protection (Local Authority Powers) (Wales) Regulations 2010
The Health Protection (Part 2A Orders) (Wales) Regulations 2010
The Health Protection (Notification) (Wales) Regulations 2010.
2.
Connection to Corporate Improvement Plan/Other Corporate Priority
2.1
The control of infection and contamination in the community has clear linkage to the
following Corporate themes:


To promote healthy living;
Safer, Strong Communities.
3.
Background
3.1
Health protection legislation in Wales has been updated from 26 July 2010 to give
public authorities modernised powers and duties to prevent and control risks to
human health from infection or contamination, including by chemicals and radiation.
The revised measures are contained within the Public Health (Control of Disease)
Act 1984 (as amended) and accompanying regulations. These have been
introduced under the Health and Social Care Act 2008 by The Health and Social
Care Act 2008 (Commencement No. 4, Transitional and Savings Provisions)
(Wales) Order 2010. The provisions of The Public Health (Prevention of
Turberculosis) Regulations 1925 and The Public Health (Infectious Diseases)
Regulations 1988 are revoked.
3.2
The main features of the legislation are to:


extend the long-standing requirement on registered medical practitioners to
notify the proper officer of a local authority of individual cases of specified
infectious diseases (notifiable diseases) by also requiring them to notify
cases of other infections or of contamination which they believe present, or
could present, a significant risk to human health;
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3.3

require diagnostic laboratories to notify the proper officer of the local
authority of specified causative agents they identify in tests on human
samples;

provide local authorities with wider, more flexible powers to deal with
incidents or emergencies where infection or contamination presents, or could
present, a significant risk to human health. Some powers, relating to specific
circumstances, can be exercised directly by local authorities. In other
circumstances, local authorities can apply to a justice of the peace (JP) for a
Part 2A Order to impose restrictions or requirements to protect human
health.
Delegated Powers are required so that action/enforcement of the following
legislation is possible:




Public Health (Control of Disease) Act 1984 (as amended)
The Health Protection (Local Authority Powers) (Wales) Regulations 2010
The Health Protection (Part 2A Orders) (Wales) Regulations 2010
The Health Protection (Notification) (Wales) Regulations 2010.
4.
Current Situation/Proposal
4.1
The updated legislation adopts an “all hazards” approach, encompassing infection
and contamination of any kind. This is consistent with the International Health
Regulations 2005 through which the World Health Organisation (WHO) and its
member states aim to prevent the international spread of infectious diseases and
contamination. The legislation helps public authorities respond to modern-day
health hazards more effectively. It means that appropriate steps can be taken in
response to previously unknown threats, such as SARS or polonium-210, as well as
known infections and contamination that could result in significant harm to human
health.
4.2
Under this set of new regulations the following additional powers or amendments
are currently requested with immediate effect:-
4.2.1 Public Health (Control of Disease) Act 1984 (as amended)


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
Power to apply to Justice of Peace to order health measures to be taken in
relation to person, things, premises or group of people that are infected or
contaminated;
Power to apply to Justice of Peace for warrant to enter premises;
Power of proper officer to enter premises to complete inspection or check
compliance with order;
Power to recover costs for works in default.
4.2.2 The Health Protection (Local Authority Powers) (Wales) Regulations 2010


Serve notice requiring a headteacher to provide names and contact details of
pupils at that headteacher’s school;
Serve notice to request individuals or groups to do, or not to do, specified
things for health protection purposes and to offer compensation or expenses
in relation to a request.
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4.2.3 The Health Protection (Part 2A Orders) (Wales) Regulations 2010

Impose charges in order to recover costs of actions taken by the local
authority pursuant to a part 2 A order where that order is in relation to “things”
and “premises”.
4.2.4 The Health Protection (Notification) (Wales) Regulations 2010

4.3
Extend powers of the Proper Officer and Alternate Proper Officers appointed
under the Control of Disease Act 1984 on behalf of the local authority to
receive information of patients or dead bodies with/or suspected to have a
notifiable disease or be infected or contaminated in a way that may cause
significant harm to others.
Under this set of new regulations the following powers are requested from their
commencement on 1st October 2010:-
4.3.1 The Health Protection (Local Authority Powers) (Wales) Regulations 2010



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

Serve notice to require that a child is kept away from school;
Disinfect or decontaminate things on request of owner or person with custody
or control and make appropriate charges;
Disinfect or decontaminate premises on request of owner or tenant and make
appropriate charges;
Serve notice to restrict access to a dead body;
Serve notice to restrict contact with a dead body;
Take action to relocate a dead body and oblige a person having charge or
control of premises in which the dead body is located to cooperate.
4.3.2 The Health Protection (Notification) (Wales) Regulations 2010

5.
Extend powers of the Proper Officer and Alternate Proper Officers appointed
under the Public Health (Control of Disease) Act 1984 on behalf of the local
authority to receive and request information from diagnostic laboratories on
listed causative agents.
Effect Upon Policy Framework and Procedure Rules
The Schemes of Delegation of Functions will require amendment to reflect the
recommendation of this report.
6.
Equality Impact
6.1
The regulations are concerned primarily with the protection of public health against
risks which apply to all groups in society. They do not seek to achieve social
change, which is outside the remit of this policy. They do seek to ensure that
human rights are protected and support is given to those groups who might need it.
6.2
Adverse impact of these regulations on equality is very unlikely. Moreover, the
legislation and policy has been developed to mitigate the risks and consequences
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6.3
of any adverse impacts, should they occur. Positive impact in relation to equalities,
beyond the protection of an individual’s human rights, is also unlikely.
In line with the Welsh Assembly screening we do not consider, on the basis of the
above, that a detailed Equality Impact Assessment is required for these regulations.
7.
Financial Implications
7.1
There are no financial implications.
8.
Recommendation
8.1
That Cabinet approves the amendment of Scheme B2, Paragraph 2.58 of the
Council's Scheme of Delegation of Functions to include:




The Public Health (Control of Disease) Act 1984 (as amended)
The Health Protection (Local Authority Powers) (Wales) Regulations 2010
The Health Protection (Part 2A Orders) (Wales) Regulations 2010, and
The Health Protection (Notification) (Wales) Regulations 2010.
P. A. JOLLEY
ASSISTANT CHIEF EXECUTIVE LEGAL & REGULATORY SERVICES
31 August 2010
Contact Officer
Mr L. Jones, Group Manager Public Protection
Telephone:
01656 643259
E-mail:
[email protected]
Address:
Civic Offices
Angel Street
Bridgend
CF31 2BJ
Background Documents
Public Health (Control of Disease) Act 1984 (as amended)
The Health Protection (Local Authority Powers) (Wales) Regulations 2010,
The Health Protection (Part 2A Orders) (Wales) Regulations 2010.
The Health Protection (Notification) (Wales) Regulations 2010,
Health Protection Legislation (Wales) Guidance 2010
Health and Social Care Act 2008
Health and Social Care Act 2008 (Commencement No. 4, Transitional and Savings
Provisions) (Wales) Order 2010
Equality Impact Screening Assessment
Proper Officer Appointment Report August 2008
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