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Legal
Guidance - Infectious Diseases - 1988 Regulations
This
page seeks to give information to healers in England on the legislation
connected with the infectious diseases. This page should be read in
connection with the posting to this website about the Public Health (Control
of Disease) Act 1984. Please click here
to go to the posting for that legislation.
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 United Kingdom
and Crown Dependencies before reading this Notice. Click here
to go to it.
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 :
·
AIDS,
·
Acute Encephalitis,
·
Acute Poliomyelitis,
·
Anthrax,
·
Diphtheria, ,
·
Dysentery (Amoebic or Bacillary),
·
Leprosy,
·
Leptospirosis,
·
Malaria,
·
Measles,
·
Meningitis,
·
Meningococcal Septicaemia
(without Meningitis)
·
Mumps,
·
Opthalmia
Neonatorum,
·
Paratyphoid Fever,
·
Plague,
·
Rabies,
·
Rubella,
·
Scarlet Fever,
·
Tetanus,
·
Tuberculosis,
·
Typhoid Fever,
·
Viral Haemorrahagic
Fever,
·
Viral Hepatitis,
·
Whooping Cough,
·
Yellow Fever.
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
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STATUTORY INSTRUMENTS
1988 No. 1546
PUBLIC
HEALTH, ENGLAND
AND WALES
The Public Health (Infectious Diseases) Regulations 1988
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Laid before
Parliament
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9th September 1988
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Coming into force
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1st October 1988
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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
1. These
Regulations may be cited as the Public Health (Infectious Diseases)
Regulations 1988 and shall come into force on 1st October 1988.
Interpretation
2. (1) In
these Regulations, unless the context otherwise requires—
"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 England"
means the Chief Medical Officer to the Department of Health;
"Chief Medical
Officer for Wales"
means the Chief Medical Officer to the Welsh Office;
"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, Marburg
disease, Omsk
haemorrhagic fever and Rift Valley disease.
(2) In these Regulations, unless the
context otherwise requires—
(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
3. There
shall apply to the diseases listed in column (1) of Schedule 1 the
enactments in the Act listed in column (2) of that Schedule with the
modifications specified in column (2).
Modification of section 35 of the Act
as it is applied to certain diseases
4. Where
in Schedule 1 reference is made to section 35 of the Act as modified by
this regulation, that section shall apply to the disease specified with the
modification that in subsection (1)(a) the words
"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
5. In
its application to acquired immune deficiency syndrome section 38(1) of the
Act shall apply so that a justice of the peace (acting if he deems it
necessary ex parte) may on the application of any
local authority make an order for the detention in hospital of an inmate of
that hospital suffering from acquired immune deficiency syndrome, in
addition to the circumstances specified in that section, if the justice is
satisfied that on his leaving the hospital proper precautions to prevent
the spread of that disease would not be taken by him—
(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.
(2) Without prejudice to paragraph (3),
a proper officer shall, if his district or port health district is in
England immediately inform the Chief Medical Officer for England, or, if
his district or port health district is in Wales immediately inform the
Chief Medical Officer for Wales of—
(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.
(3) A proper officer who receives a
certificate in respect of any case of—
(a) a disease
subject to the International Health Regulations,
(b) leprosy,
(c) malaria
or rabies contracted in Great
Britain, or
(d) a viral haemorrhagic fever
shall immediately send a copy to the Chief
Medical Officer for England
if the address of the patient in the certificate is in England or to the Chief Medical Officer for Wales if such address is in Wales.
Form of certificate
7. The
form set out in Schedule 2, or a form substantially to the like effect,
shall be the form of certificate.
Weekly and quarterly returns
8.—(1) Subject
to the provisions of paragraph (3), a proper officer shall, in respect of
his district or port health district, send to the Registrar General by post
every week in time to ensure its delivery on Monday, or the morning of
Tuesday at the latest, a return, in such form as the Secretary of State may
from time to time require, of the number of cases of each disease
(including food poisoning and suspected food poisoning but excluding
leprosy) notified to him during the week ended on the preceding Friday
night; and the proper officer shall send a copy of the return to the
appropriate medical officer of the appropriate District Health Authority.
(2) Subject to the provisions of
paragraph (3), a proper officer shall send to the Registrar General by post
every three months, not later than 21st January, 21st April, 21st July and
21st October in every year, a return, in such form as the Secretary of
State may from time to time require, of the cases referred to in the
preceding paragraph which have been notified to him during the preceding
three months, showing separately the final number of cases after any
correction of diagnosis subsequently made by the notifying registered
medical practitioner or by the registered medical practitioner in charge of
the patient; and the proper officer shall send a copy of the return to the
appropriate medical officer of the appropriate District Health Authority.
(3) Where, pursuant to section 11(3) of
the Act a copy of a certificate is sent by the proper officer of one
district to the proper officer of another district, the case to which that
certificate relates shall not be included in any return of the
first-mentioned proper officer and shall be included in the returns of the
last-mentioned proper officer.
Provisions for preventing the spread
of certain diseases
9.—(1) The provisions of Schedule 3 shall have
effect in relation to typhus and relapsing fever.
(2) The provisions of Schedule 4 shall
have effect in relation to food poisoning and to typhoid, paratyphoid and
other salmonella infections, amoebic and bacillary dysentery, and
staphylococcal infections likely to cause food poisoning.
Immunisation and vaccination
10. Where
a case of any notifiable disease
or of any disease mentioned in Schedule 1 (other than tuberculosis) occurs
in a district or port health district, the proper officer of that district
or port health district and of any adjacent district or port health
district may, if he considers it in the public interest, arrange for the
vaccination or immunisation, without charge, of
any person in his district or port health district who has come or may have
come or may come in contact with the infection and is willing to be
vaccinated or immunised.
Measures against infected rats
11. Where
a local authority or port health authority have reason to believe that rats
in their district or port health district are threatened by or infected
with plague, or are dying in unusual numbers, they shall if the district or
port health district is in England report the matter to the Chief Medical
Officer for England or if such district is in Wales to the Chief Medical
Officer for Wales and take measures for destroying all rats in the district
or port health district and for preventing rats from gaining entry to
buildings.
Confidentiality of documents
12. Any
certificate, or copy, and any accompanying or related document, shall be
sent in such a manner that its contents cannot be read during transmission;
and the information contained therein shall not be divulged to any person
except—
(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
13.—(1) These
Regulations shall be enforced and executed—
(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.
(2) Every local authority shall send to
any registered medical practitioner who after due enquiry is ascertained to
be practising in their district—
(a) a copy of
these Regulations and
(b) a copy of sections 10 and 11 of the Act.
Revocations
14. The
regulations specified in column (1) of Schedule 5 are revoked to the extent
specified in column (3) of that Schedule.
Signed by authority of the Secretary of State for Health.
Edwina Currie
Parliamentary Under-Secretary of State, Department of Health
6th September 1988
Peter Walker
Secretary of State for Wales
6th September 1988
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.
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SCHEDULE 1
Regulation 3
THE
ENACTMENTS IN THE ACT APPLIED TO PARTICULAR DISEASES
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(1)
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(2)
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Diseases
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Enactments applied
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Acquired immune
deficiency syndrome
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Sections 35, 37, 38 (as
modified by regulation 5), 43 and 44.
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Acute encephalitis
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Sections 11, 12, 17 to
24, 26, 28 to 30, 33 to 35 (as modified by regulation 4), 37, 38, 44 and
45.
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Acute poliomyelitis
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Meningitis
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Meningococcal septicaemia (without meningitis)
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Anthrax
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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.
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Diphtheria
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Sections 11, 12, 17 to
24, 26, 28 to 30, 33 to 38, 44 and 45.
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Dysentery (amoebic or
bacillary)
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Paratyphoid fever
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Typhoid fever
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Viral hepatitis
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Leprosy
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Sections 11, 12, 17, 19
to 21, 28 to 30, 35 (as modified by regulation 4), 37, 38 and 44.
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Leptospirosis
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Sections 11, 12, 17 to
22, 24, 26, 28 to 30, 33 to 35 (as modified by regulation 4), 37, 38, 44
and 45.
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Measles
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Mumps
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Rubella
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Whooping cough
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Malaria
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Sections 11, 12, 18 and
35 (as modified by regulation 4).
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Tetanus
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Yellow fever
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Ophthalmia neonatorum
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Sections 11, 12, 17, 24
and 26.
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Rabies
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Sections 11, 12, 17 to
26, 28 to 30 and 32 to 38.
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Scarlet fever
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Sections 11, 12, 17 to
22, 24, 26, 28 to 30, 33 to 38, 44 and 45.
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Tuberculosis
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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.
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Viral haemorrhagic fever
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Sections 11, 12, 17 to
38, 43 to 45 and 48.
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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.
SCHEDULE 2
Regulation 7
FORM
OF CERTIFICATE
SCHEDULE 3
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.
SCHEDULE 4
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.
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SCHEDULE 5
Regulation 14
REVOCATIONS
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(1)
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(2)
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(3)
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Regulations
revoked
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References
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Extent of
revocation
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The Public Health
(Infectious Diseases) Regulations 1968
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S.I. 1968/1366
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The whole Regulations
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The Public Health
(Infectious Diseases) (Amendment) Regulations 1969
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S.I. 1969/844
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The whole Regulations
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The Public Health
(Infectious Diseases) (Amendment) Regulations 1974
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S.I. 1974/274
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The whole Regulations
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The Public Health
(Infectious Diseases) (Amendment) Regulations 1976
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S.I. 1976/1226
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The whole Regulations
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The Public Health
(Infectious Diseases) (Amendment) (No. 2) Regulations 1976
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S.I. 1976/1955
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The whole Regulations
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The Health Services
Act 1980 (Consequential Amendments) Order 1982
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S.I. 1982/288
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Paragraph 3 of
Schedule 1
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The Public Health
(Infectious Diseases) Regulations 1985
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S.I. 1985/434
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The whole Regulations
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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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