SCHEDULES
SCHEDULE 11Public health protection: further amendments
Public Health (Control of Disease) Act 1984
I1I217
1
Section 61 of the 1984 Act (power to enter premises) is amended as follows.
2
In subsection (1)—
a
for “authorised officer of a local authority” substitute “
proper officer of a relevant health protection authority
”
,
b
for paragraph (a) substitute—
a
for the purposes of ascertaining whether there is, or has been, any contravention of a relevant provision of this Act, or of an order made by a justice of the peace under Part 2A of this Act, which it is the function of the relevant health protection authority to enforce,
c
in each of paragraphs (b), (c) and (d)—
i
for “or such byelaws” substitute “
or in relation to such an order
”
, and
ii
for “local authority” substitute “
relevant health protection authority
”
.
3
In subsection (2) omit “, other than a factory or workplace,”.
4
After subsection (2) insert—
2A
Subsection (1) does not authorise entry to any part of premises which is used as a private dwelling (but this does not affect the power of a justice of the peace under subsection (3) to issue a warrant authorising entry to a private dwelling or to any part of premises used as a private dwelling).
5
In subsection (3), for “the local authority by any authorised officer” substitute “
the relevant health protection authority by any proper officer
”
.