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.