Infectious Diseases and Illness

In the case of “notifiable” diseases - e.g. plague and cholera - a magistrate may make an order under the Public Health (Control of Disease) Act 1984 permitting a doctor to enter any premises whatsoever for the compulsory medical examination of suspected sufferers – and of people who are not suffers of the disease but are suspected of carrying an organism that is capable of causing it – provided the person is not under the treatment of a doctor, or if the person is under the treatment of a doctor, provided his doctor consents.

Local authorities have a general power, to enter premises at reasonable hours for the purpose of certain investigatory and enforcement functions relating to public health under the 1984 Act . This is provided that they have given at least 24 hours notice. The power may be exercised by a warrant if a person refuses or is likely to refuse to admit them entry to relevant premises. The maximum penalty for the offence of wilfully obstructing a person exercising any powers under the 1984 Act is a fine at level 1 (currently £200).

Local authorities also have specific entry powers under the 1984 Act. For example, on a certificate from the appointed local authority officer, the local authority may serve notice on an occupier to disinfect or destroy articles likely to retain infection within a fixed period, if doing so would tend to prevent the spread of any infectious disease. The occupier has 24 hours to inform the local authority that he or she will comply, failing which the local authority has the right to enter and to do the necessary work. The occupier can be forced to reimburse the local authority and the provision for compensation for the destroyed articles is not very satisfactory. Where an infectious disease occurs in a house, the local authority may also, at its own cost, remove persons from the premises, acting with a magistrates’ warrant if there is no consent. This is not limited to the notifiable diseases mentioned above.

Magistrates have a further power under the National Assistance Act 1948 to issue an order authorising an officer of a local authority to enter premises to remove to hospital persons who are so chronically ill or old, or infirm or physically incapacitated as to be unable to look after themselves, and who are not being properly looked after by others. Seven clear days’ notice to the person of such an application must be given . It is an offence wilfully to disobey or obstruct the execution of such an order: the maximum penalty has been set at level 1 (currently £200). Certain amendments introduced by the Mental Health Act 2007, which at the time of writing are not yet in force, will limit the magistrate’s power to grant such an order in certain situations where a hospital already has responsibility for caring for the person in question.

The Civil Contingencies Act 2004 enables the Queen through Order in Council, or the Prime Minister or senior Government Minister to make regulations to deal with an ‘emergency’ that has occurred, is occurring, or is about to occur. The term ‘emergency’ is defined very broadly and includes a situation which threatens serious damage to human welfare or the environment in the UK – an epidemic could fall within this definition. The Bill specifies a non-exhaustive list of provisions that may be included in the emergency regulations, including among other things, forced movement to or from a particular place or forcing/prohibiting travel at particular times , and the destruction of property with or without compensation . At the time of writing, no regulations have been made under this statutory provision.

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