Nationality, Immigration and Asylum Act 2002

133 Medical inspectors U.K.

(1) This section applies to a person if an immigration officer acting under Schedule 2 to the Immigration Act 1971 (c. 77) (control on entry, &c.) has brought the person to the attention of—

(a) a medical inspector appointed under paragraph 1(2) of that Schedule, or

(b) a person working under the direction of a medical inspector appointed under that paragraph.

(2) A medical inspector may disclose to a health service body—

(a) the name of a person to whom this section applies,

(b) his place of residence in the United Kingdom,

(c) his age,

(d) the language which he speaks,

(e) the nature of any disease with which the inspector thinks the person may be infected,

(f) relevant details of the person’s medical history,

(g) the grounds for an opinion mentioned in paragraph (e) (including the result of any test or examination which has been carried out), and

(h) the inspector’s opinion about action which the health service body should take.

(3) A disclosure may be made under subsection (2) only if the medical inspector thinks it necessary for the purpose of—

(a) preventative medicine,

(b) medical diagnosis,

(c) the provision of care or treatment, or

(d) the management of health care services.

(4) For the purposes of this section “health service body” in relation to a person means a body which carries out functions in an area which includes his place of residence and which is—

(a) in relation to England—

(i) a Primary Care Trust established under section 16A of the National Health Service Act 1977 (c. 49),

(ii) a National Health Service Trust established under section 5 of the National Health Service and Community Care Act 1990 (c. 19),

[F1 (iia) an NHS foundation trust,]

(iii) a Strategic Health Authority established under section 8 of the National Health Service Act 1977,

(iv) a Special Health Authority established under section 11 of that Act, or

(v) the Public Health Laboratory Service Board,

(b) in relation to Wales—

(i) a Health Authority or Local Health Board established under section 8 or 16BA of that Act,

(ii) a National Health Service Trust established under section 5 of the National Health Service and Community Care Act 1990, or

(iii) the Public Health Laboratory Service Board,

(c) in relation to Scotland—

(i) a Health Board, Special Health Board or National Health Service Trust established under section 2 or 12A of the National Health Service (Scotland) Act 1978 (c. 29), or

(ii) the Common Services Agency for the Scottish Health Service established under section 10 of that Act, or

(d) in relation to Northern Ireland—

(i) a Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)),

(ii) a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), or

(iii) the Department of Health, Social Services and Public Safety.

Textual Amendments

F1 S. 133(4)(a)(iia) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 128; S.I. 2004/759, art. 2