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Legal
Guidance - Infectious Diseases - 1988 Regulations
This Guidance Notice seeks
to give information to healers in
Please note that I am not a
qualified legal practitioner and healers affected by this legislation should
seek professional legal advice as appropriate.
Please read the introductory
guidance on the legislative process in the
The Public Health (Infectious Diseases) Regulations
1988 are reproduced below under the terms of Crown
Copyright Policy Guidance issued by HMSO (Her Majesty’s Stationery
Office). Copyright is owned by the Crown
and information on reproduction rights may be found on the HMSO website at
http://www.opsi.gov.uk/advice/crown-copyright/copyright-guidance/reproduction-of-legislation.htm
.
Background
The Public Health
(Infectious Diseases) Regulations 1988 represent follow on legislation from Public
Health (Control of Disease) Act 1984.
The diseases covered
specifically by The Public Health (Infectious Diseases) Regulations 1988 are :
Some of the diseases listed
have the potential to cause an epidemic if not isolated as soon as possible.
(Cholera, plague, relapsing
fever, smallpox and typhus are defined as notifiable
diseases by the Public Health (Control of Disease) Act 1984 which has sections
relating to the prevention and notification of these diseases.)
If you read the legislation
below, you will see that the main areas covered are the reporting of infectious
diseases so that the appropriate medical officers know what is happening and
the power in law for the appropriate medical officers to take action to deal
with infectious diseases to prevent their spread.
It is likely that most
energy healers will never come across anybody with some of the rarer diseases
such as Scarlet Fever and Yellow Fever. However, the list of diseases covered
by the legislation includes diseases that people in this country do suffer from
such as Measles, Mumps, Meningitis, etc.. In addition,
there is always the possibility here in London, and in West London in
particular, where we have people of so many different nationalities living together
that energy healers may be called to give help to somebody who has flown in
from abroad to visit friends and relatives and who has got sick after landing
in the country and who might be suffering from one of these diseases.
The best guidance for any
energy healer who knows or thinks that they have been in contact with a person in
circumstances covered by the legislation is to phone their local doctor immediately
and to report what has happened. They should not visit the doctor’s surgery
because they will cause problems there if they are carrying organisms that can
cause infection. They should let the doctor know that the circumstances
in which contact with the client was made was through Reiki sessions. The
healer should cancel all healing appointments until either given the all clear to
restart without any further actions by an appropriate medical professional or
until the appropriate actions such as fumigation have been undertaken to ensure
that the premises in which the Reiki sessions are given and any car that the
healer has driven in are free of any organisms responsible for infections.
Reproduction
of the legislation
|
STATUTORY INSTRUMENTS 1988 No. 1546 The Public Health
(Infectious Diseases) Regulations 1988
The Secretary of State for
Health as respects England and the Secretary of State for Wales as respects
Wales, in exercise of the powers conferred by sections 13(1), (2) and (4) and
58(2) of the Public Health (Control of Disease) Act 1984
and of all other powers enabling them in that behalf, hereby make the
following Regulations:— Title and commencement Interpretation "the Act" means
the Public Health (Control of Disease) Act 1984; "appropriate District
Health Authority" means the District Health Authority within which a
district of a local authority or a port health district is
wholly or partly situated; "appropriate medical
officer" means— (a) in a case
where the District Health Authority has appointed a Director of Public
Health, the Director of Public Health, and (b) in any
other case, the registered medical practitioner designated by the District
Health Authority for the purposes of these Regulations; "District Health Authority"
means a District Health Authority established under section 8(1) of the
National Health Service Act 1977; "certificate"
means a certificate required by section 11 of the Act to be sent by a
registered medical practitioner to a proper officer; "Chief Medical
Officer for "Chief Medical
Officer for "International Health
Regulations" means the International Health Regulations (1969) as
adopted by the World Health Assembly on 25th July 1969 and as amended by the
26th World Health Assembly in 1973 and by the 34th World Health Assembly in
1981; "ophthalmia
neonatorum" means a purulent discharge from
the eyes of an infant, commencing within 21 days from the date of birth; "port health
authority" means a port health authority constituted by an ordermade, or having effect as if made, by the Secretary
of State under section 2 of the Act, and includes the port health authority
for the Port of London as constituted under section 7 of the Act; "port health
district" means the district of a port health authority; "viral
haemorrhagic fever" means Argentine haemorrhagic fever (Junin), Bolivian haemorrhagic fever (Machupo),
Chikungunya haemorrhagic fever, Congo/Crimean
haemorrhagic fever, Dengue fever, Ebola virus disease, haemorrhagic fever
with renal syndrome (Hantaan), Kyasanur
forest disease, Lassa fever,
(a) any
reference to a numbered regulation or Schedule is a reference to the
regulation or Schedule bearing that number in these Regulations and any
reference in a regulation to a numbered paragraph is to the paragraph of that
regulation bearing that number; and (b) any reference to the district or port health district of a
proper officer means the district of the local authority or port health
authority, as the case may be, of which he is the proper officer. Public health enactments applied to
certain diseases Modification of section 35 of the Act as
it is applied to certain diseases "or (ii) though not suffering from such a disease, is carrying an
organism that is capable of causing it," shall be omitted. Modification of section 38 of the Act as
it is applied to acquired immune deficiency syndrome (a) in his
lodging or accommodation, or (b) in other places to which he may be expected to go if not
detained in the hospital. Cases of infectious disease to be specially
reported 6.—(1) In this regulation
"a disease subject to the International Health Regulations" means
cholera, including cholera due to the eltor vibrio, plague, smallpox, including variola
minor (alastrim), and yellow fever. (a) any case or
suspected case of a disease subject to the International Health Regulations
and (b) any serious
outbreak of any disease (including food poisoning) which
to his knowledge has occurred in his district or port health district, and he
shall similarly inform the appropriate medical officer of the appropriate
District Health Authority. (a) a disease
subject to the International Health Regulations, (b) leprosy, (c) malaria or
rabies contracted in (d) a viral
haemorrhagic fever shall
immediately send a copy to the Chief Medical Officer for Form of certificate Weekly and quarterly returns Provisions for preventing the spread of
certain diseases Immunisation and vaccination Measures against infected rats Confidentiality of documents (a) so far as
is necessary for compliance with the requirements of any enactment (including
these Regulations), or (b) for the purposes of such action as any proper officer
considers reasonably necessary for preventing the spread of disease. Enforcement and publication (a) in the
district of a local authority, by the local authority thereof; and (b) in a port health district, by the port health authority
thereof, so far as these Regulations are in terms applicable thereto.
(a) a copy of
these Regulations and (b) a copy of sections 10 and 11 of the Act. Revocations
Notes: [1] 1984 c. 22. [2] See the definition of "local
authority" in section 1(2) of the Act and the definition of
"district" in section 74 of the Act.
[3] 1977 c. 49; section 8(1) was
substituted by the Health Services Act 1980 (c. 53), section 1(7) and
Schedule 1, paragraph 28(a). [4] See the definition of "proper
officer" in section 74 of the Act. [5] The International Health Regulations
(1969) are published by the World Health Organisation
and are available from Her Majesty's Stationery Office. [6] See the definition of "notifiable disease" in section 10 of the Act. |
Regulation 3
THE ENACTMENTS IN THE ACT
APPLIED TO PARTICULAR DISEASES
|
(1) |
(2) |
|
Diseases |
Enactments applied |
|
Acquired immune deficiency syndrome |
Sections 35, 37, 38 (as modified by regulation 5),
43 and 44. |
|
Acute encephalitis |
Sections 11, 12, 17 to 24, 26, 28 to 30, 33 to 35
(as modified by regulation 4), 37, 38, 44 and 45. |
|
Acute poliomyelitis |
|
|
Meningitis |
|
|
Meningococcal septicaemia (without meningitis) |
|
|
Anthrax |
Sections 11, 12, 17 to 22, 24, 26, 28 to 30, 33 to
35 (as modified by regulation 4), 37, 38 and 43 to 45. |
|
Diphtheria |
Sections 11, 12, 17 to 24, 26, 28 to 30, 33 to 38,
44 and 45. |
|
Dysentery (amoebic or bacillary) |
|
|
Paratyphoid fever |
|
|
Typhoid fever |
|
|
Viral hepatitis |
|
|
Leprosy |
Sections 11, 12, 17, 19 to 21, 28 to 30, 35 (as
modified by regulation 4), 37, 38 and 44. |
|
Leptospirosis |
Sections 11, 12, 17 to 22, 24, 26, 28 to 30, 33 to
35 (as modified by regulation 4), 37, 38, 44 and 45. |
|
Measles |
|
|
Mumps |
|
|
Rubella |
|
|
Whooping cough |
|
|
Malaria |
Sections 11, 12, 18 and 35 (as modified by
regulation 4). |
|
Tetanus |
|
|
Yellow fever |
|
|
Ophthalmia
neonatorum |
Sections 11, 12, 17, 24 and 26. |
|
Rabies |
Sections 11, 12, 17 to 26, 28 to 30 and 32 to 38. |
|
Scarlet fever |
Sections 11, 12, 17 to 22, 24, 26, 28 to 30, 33 to
38, 44 and 45. |
|
Tuberculosis |
Sections 12, 17 to 24, 26, 28 to 30, 35 (as
modified by regulation 4),44 and 45; in addition— (a) section 11 shall
apply where the opinion of the registered medical practitioner that a person
is suffering from tuberculosis is formed from evidence not derived solely
from tuberculin tests, and (b) sections 25, 37 and 38 shall apply to tuberculosis of the
respiratory tract in an infectious state. |
|
Viral haemorrhagic fever |
Sections 11, 12, 17 to 38, 43 to 45 and 48. |
Notes:
[7] The enactments applied are all sections
of the Act which provide for the control of notifiable
diseases. Section 11 requires registered medical practitioners to send the
local authority certificates in respect of cases of notifiable
disease; section 12 provides for the registered medical practitioner to be paid
a fee for each certificate under section 11; section 17 creates offences in
respect of exposing people to infection; section 18 requires information from
occupiers; section 19 restricts persons with notifiable
diseases from trading; section 20 provides for the stopping of work; sections
21 and 22 relate to school children; section 23 enables children to be excluded
from places of entertainment; section 24 places restrictions on washing and
cleaning of infected articles; section 25 is concerned with library books;
section 26 prohibits the placing of infected articles in dustbins; section 27
is concerned with the provision of disinfecting stations; sections 28 to 30
impose restrictions in relation to infected premises; section 31 provides for
the disinfection of premises; section 32 provides for the removal of persons
from infected houses; sections 33 and 34 are concerned with public conveyances;
section 35 empowers justices of the peace to order medical examinations; section
36 empowers justices of the peace to order groups of people to be medically
examined; section 37 empowers justices of the peace to order removal to
hospital; section 38 empowers justices of the peace to order detention in
hospital; section 43 provides for the removal from hospital of a person who has
died while suffering from a notifiable disease;
section 44 provides for the isolation of dead bodies; section 45 restricts the
holding of wakes; and section 48 provides for the removal of bodies to
mortuaries or for immediate burial.
Regulation 7
FORM OF CERTIFICATE

Regulation 9(1)
TYPHUS AND RELAPSING FEVER
Measures by local authority
1. The
proper officer shall, if he thinks it necessary, report any case of typhus or
relapsing fever in his district to the local authority who
may, by notice in writing, require—
(a) that such
measures as may be specified in the notice shall be immediately taken to the
satisfaction of the proper officer to obtain the complete destruction of lice
on the person and clothing of every occupant of the building of which the
patient is an inmate, and to secure the destruction of lice or their products
in the building; and
(b) the temporary
segregation, for a period to be specified in the notice, of other inmates of
the building or of other persons recently in contact with the patient until
their persons and clothing have been completely freed from lice.
Addressing of notices
2. The
notice may be addressed to the head of the family to which the patient belongs,
to any person in charge of or in attendance on the patient, to any other person
in the building of which the patient is an inmate, or to the occupier of the
building, and also to any person with whom the patient has recently been in
contact.
Authorisation of proper officer
3.—(1) A
local authority may authorise the proper officer generally to issue any notice
on their behalf under this Schedule in relation to any particular case if in
his opinion it is immediately and urgently necessary for him to do so for the
purpose of preventing the spread of infection.
(2) The proper officer shall at the earliest
opportunity report any case dealt with under such an authorisation, and the
action taken by him, to the local authority.
Regulation 9(2)
FOOD POISONING AND FOOD
BORNE INFECTIONS
Measures by local authority
1.—(1) If a proper officer, after considering the information
available to him, forms the opinion—
(a) that a person in the district—
(i) is suffering from food poisoning which may be caused by an
infection, or
(ii) is suffering from, or is shown to be a carrier of, any
infection mentioned in paragraph 5 of this Schedule, and
(b) that it is desirable for the protection of the public health
that measures should be taken to prevent the spread of infection,
he
shall report to the local authority accordingly.
(2) On receipt of such a report, the local
authority may by notice in writing—
(a) require the
person concerned to discontinue or to refrain from engaging in any occupation
connected with food until they notify him that the risk of causing infection is
removed;
(b) require that
such measures shall be taken for the protection of the public health as are
specified in the notice, being measures which in the opinion of the proper
officer are desirable to prevent the spread of infection by the person
concerned; and
(c) require the assistance of any other person reasonably able
to assist in securing compliance with any requirement under this paragraph;
and if the person concerned
is already engaged in any occupation connected with food, the local authority
shall send a copy of any notice served on him under this paragraph to his
employer, if any, and to any other person reasonably able to assist in securing
compliance with any requirement under this paragraph.
Suspected carriers in food trade
2.—(1) If
a proper officer has reason to believe that a person engaged in any trade or
business connected with food may be a carrier of any infection mentioned in
paragraph 5 of this Schedule, he shall report to the local authority
accordingly.
(2) The local authority may give notice in
writing to the responsible manager of the trade or business concerned that for
the purpose of preventing the spread of infection they consider it necessary
for the proper officer or a registered medical practitioner acting on his
behalf to make a medical examination of that person, and the responsible
manager shall give to the proper officer all reasonable assistance in the
matter.
Authorisation of proper officer
3.—(1) A
local authority may authorise the proper officer generally to issue any notice
on their behalf under this Schedule in relation to any particular case if in
his opinion it is immediately and urgently necessary for him to do so for the
purpose of preventing the spread of infection.
(2) The proper officer shall at the earliest
opportunity report any case dealt with under such an authorisation, and the
action taken by him, to the local authority.
Definition of terms
4. In
this Schedule—
(a) "connected with food", in relation to an occupation,
trade or business, means connected with the preparation or handling of food or
drink for human consumption; and
(b) the reference to making a medical examination shall be
construed as including a reference to making bacteriological tests and similar
investigations.
Infections to which this Schedule applies
5. The
infections referred to in paragraphs 1 and 2 of this Schedule are typhoid,
paratyphoid and other salmonella infections, amoebic and bacillary dysentery,
and staphylococcal infections likely to cause food poisoning.
|
Regulation 14 REVOCATIONS
|
|
EXPLANATORY
NOTE
(This note is not part of the Regulations)
These Regulations
consolidate with amendments the provisions of the Public Health (Infectious
Diseases) Regulations 1968.
Cholera, plague, relapsing
fever, smallpox and typhus are defined as notifiable
diseases by the Public Health (Control of Disease) Act 1984, and all the
sections relating to the prevention and notification of disease in that Act
apply to them automatically. These Regulations:—
(a) apply
specific sections of the 1984 Act to the diseases listed below;
(b) prescribe
the duties of local authorities, port health authorities, and their proper
officers with respect to notifications and to returns and reports of disease;
and
(c) authorise
certain measures for preventing the spread of disease.
The diseases for which provision is made by these
Regulations are:—
Acquired
immune deficiency syndrome
Acute encephalitis
Acute poliomyelitis
Anthrax
Diphtheria
Dysentery (amoebic or bacillary)
Leprosy
Leptospirosis
Malaria
Measles
Meningitis
Meningococcal septicaemia (without meningitis)
Mumps
Ophthalmia neonatorum
Paratyphoid fever
Rabies
Rubella
Scarlet fever
Tetanus
Tuberculosis
Typhoid fever
Viral haemorrhagic fever
Viral hepatitis
Whooping cough
Yellow fever
The principal changes from
the earlier regulations are:—
(i) that
meningococcal septicaemia (without meningitis) is made a notifiable
disease (the same provisions of the 1984 Act being applied to it as are applied
to acute encephalitis, acute poliomyelitis and meningitis), and
(ii) that
mumps and rubella are made notifiable diseases (the
same provisions of the 1984 Act being applied to them as are applied to leptospirosis, measles and whooping cough).
In effecting the
consolidation references to Lassa fever and Marburg disease have been removed,
these diseases now being included in the general term "viral haemorrhagic
fever" (which is defined to include these diseases and a number of other
viral haemorrhagic fevers), and the reference to infective jaundice has been
replaced by a reference to "viral hepatitis".
ISBN 0 11 087546 X
Date of posting : 29th
April 2007
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