Public Health (Control of Disease) Act 1984
Act of the Parliament of the United Kingdom
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The Public Health (Control of Disease) Act 1984 (c. 22) is an act of the Parliament of the United Kingdom for England and Wales which requires physicians to notify the 'proper officer' of the local authority of any person deemed to be suffering from a notifiable disease.[1][2] It also provides powers to isolate infected individuals to prevent the spread of such a disease. The act forms the basis of various legislation connected to the COVID-19 pandemic in the United Kingdom.[3]
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History
The act, originally enacted to address public health concerns, has been a critical tool in managing infectious diseases such as tuberculosis in the UK. Over the years, it has undergone several amendments to adapt to evolving public health needs and legal standards. One of the key provisions of the Act allows for the detention of individuals with tuberculosis to prevent the spread of the disease, a measure that has sparked significant debate. Critics argue that this provision may infringe on individual rights, particularly in light of the European Convention on Human Rights, which the UK joined in 2000. Despite these concerns, the Act has played a vital role in controlling outbreaks and protecting public health, though it continues to be scrutinized and discussed in legal and public health circles.[4][5][6][7]
COVID-19 pandemic
This act was used as the legal basis for the regulations that put into force the stay at home order announced by Boris Johnson on 23 March 2020 in response to the COVID-19 pandemic,[8] the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.[9] The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020/350) later gave legal force to some of the 'lockdown' rules that had been announced.[9]
Misinformation about the act circulated online during the COVID-19 pandemic.[10] This included claims that it had been amended to mandate COVID-19 vaccination; according to Full Fact, the act does not provide any power to mandate any treatment or vaccination.[11]
Provisions
Repealed enactments
Section 78(b) of the act repealed 21 enactments, listed in schedule 3 to the act.[12]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 26 Geo. 5 & 1 Edw. 8. c. 49 | Public Health Act 1936 | Sections 2 to 5. |
| In section 9, in subsection (1), the words "port health district, or a", in subsection (2), the words "the port health authority or", and in subsection (3), the words "port health district,". | ||
| In section 10, the words "port health authority or". | ||
| Section 143(1) to (7) and (10). | ||
| Sections 147 to 170. | ||
| Section 179. | ||
| Sections 242 to 245. | ||
| Section 249(2). | ||
| Section 251. | ||
| Sections 253 to 256. | ||
| Section 258. | ||
| In section 267(4), the word "V". | ||
| In section 268, in subsection (1), the word "V", and in subsection (4) the words from "for preventing" to "thereof". | ||
| In section 322(2), the words ", port health authority". | ||
| In section 324, in subsections (1) and (2), the words ", port health authority". | ||
| In section 325, the words ", port health authority". | ||
| In section 343(1), the definition of "notifiable disease". | ||
| 11 & 12 Geo. 6. c. 29 | National Assistance Act 1948 | Section 50. |
| 4 & 5 Eliz. 2. c. 16 | Food and Drugs Act 1955 | Section 88(1). |
| 9 & 10 Eliz. 2. c. 64 | Public Health Act 1961 | Section 1(2). |
| Sections 38 to 42. | ||
| 1963 c. 33 | London Government Act 1963 | Section 41. |
| In section 46(4), the words from "and section 50" to "dead)," and the words "and 50(2)". | ||
| In Schedule 11, in Part I, in paragraph 11, the words "section 41 of this Act", and paragraphs 22 and 25; in Part II, paragraph 8. | ||
| 1966 c. 42 | Local Government Act 1966 | In Schedule 5, paragraph 2. |
| 1967 c. 80 | Criminal Justice Act 1967 | In Part I of Schedule 3, the entries relating to sections 144(2), 148, 149, 152(4), 154(2), 159(3), 160(4) and 170(3) of the Public Health Act 1936 and the entry relating to section 39(2) of the Public Health Act 1961. |
| 1968 c. 46 | Health Services and Public Health Act 1968 | Sections 47 to 50. |
| Sections 52 to 58. | ||
| Section 70. | ||
| 1970 c. 42 | Local Authority Social Services Act 1970 | In Schedule 1, the item relating to section 50(3) and (4) of the National Assistance Act 1948. |
| 1972 c. 70 | Local Government Act 1972 | Section 180(3)(i). |
| In Schedule 14, paragraphs 13 to 16, 38, 39, 46 and 47. | ||
| In Schedule 23, paragraph 2(12). | ||
| In Schedule 29, in paragraph 44(1), the words "and 50(2)". | ||
| 1973 c. 38 | Social Security Act 1973 | In Schedule 27, paragraph 7. |
| 1974 c. 3 | Slaughterhouses Act 1974 | In section 28, paragraph (a). |
| 1974 c. 40 | Control of Pollution Act 1974 | In Schedule 3, paragraphs 6 and 19. |
| 1975 c. 18 | Social Security (Consequential Provisions) Act 1975 | In Schedule 2, paragraph 5. |
| 1975 c. 78 | Airports Authority Act 1975 | Section 15(4). |
| 1976 c. 57 | Local Government (Miscellaneous Provisions) Act 1976 | In section 27(4), the words "and port health authorities". |
| 1979 c. 2 | Customs and Excise Management Act 1979 | In Schedule 4, in paragraph 12, the item relating to the Public Health Act 1936. |
| 1980 c. 53 | Health Services Act 1980 | In Schedule 1, paragraphs 1, 2, 3 and 19(2) and (5). |
| 1982 c. 16 | Civil Aviation Act 1982 | Section 36(5) to (7) and (9). |
| 1982 c. 30 | Local Government (Miscellaneous Provisions) Act 1982 | Section 42. |
| In Schedule 6, paragraphs 1 to 3 and paragraph 6. | ||
| 1983 c. 41 | Health and Social Services and Social Security Adjudications Act 1983 | Section 26(1). |
| In Schedule 9, paragraph 1. |
