Part 4Public health functions of health boards
Exclusion orders and restriction orders
I137Exclusion orders
1
This section applies where—
a
a health board knows that a person who is present in that board's area—
i
has an infectious disease;
ii
has been exposed to an organism which causes such a disease;
iii
is contaminated; or
iv
has been exposed to a contaminant; and
b
it appears to the board that as a result—
i
there is a significant risk to public health; and
ii
it is necessary, to avoid or minimise that risk, for the person to be excluded from certain places.
2
A health board competent person may make an order (an “exclusion order”)—
a
prohibiting the person from entering or remaining in any place; and
b
imposing such conditions (if any) on the person as the competent person considers appropriate.
3
A competent person—
a
may not make an exclusion order unless that person is satisfied as to the matters mentioned in subsection (1);
b
must, when making such an order, have regard to the desirability of imposing the least restrictive order necessary to protect public health.
4
The exclusion order must—
a
specify—
i
the person to whom it applies;
ii
subject to subsection (5), the place, or type of place, from which the person is excluded; and
iii
any conditions imposed on the person;
b
be served on the person to whom it applies; and
c
be notified to—
i
any person who was given an explanation under section 31(5); and
ii
any other person the competent person considers appropriate.
5
An exclusion order may not specify, as a place from which a person is excluded, that person's place of residence.
6
An exclusion order has effect only from the time it is served on the person to whom it applies.