Part 5Public health functions of local authorities

Disinfection etc. of premises and things

79Use of powers in emergencies

1

This section applies where—

a

a local authority knows or suspects that—

i

any premises in its area are; or

ii

any thing in or on such premises is,

infected, infested or contaminated;

b

it appears to the authority that as a result it is necessary, to prevent, or prevent the spread of, infectious disease or contamination, for one or more of the steps mentioned in section 73(2) to be taken; and

c

the authority considers, on reasonable grounds, that there is an emergency.

2

An authorised officer may enter the premises—

a

whether or not a notice under section 73(3) or 76(2) has been served;

b

where a notice under section 73(3) has been served, whether or not the period specified in the notice has expired.

3

The authorised officer may enter premises by virtue of this section only where a local authority competent person certifies that the person is satisfied as to the matters in subsection (1).

4

The power of entry which the officer has—

a

may be exercised at any time; and

b

includes power to use reasonable force.

5

Where the premises in relation to which the officer proposes to exercise the power are a dwellinghouse, section 77 does not apply.

6

The authorised officer may, on entering premises by virtue of this section—

a

take any other person authorised by the officer and, if the officer has reasonable cause to expect any serious obstruction in obtaining access, a constable;

b

direct that—

i

those premises (or any part of them) are; or

ii

any thing in or on them is,

to be left undisturbed (whether generally or in particular respects) for so long as the officer considers appropriate;

c

take any step mentioned in section 73(2);

d

remove any thing from the premises for the purpose of taking any such step at any other place.

7

An authorised officer who enters any unoccupied premises by virtue of this section must leave the premises as effectively secured against unauthorised entry as the officer found them.

8

This section applies despite the making of an appeal under section 83(1).

9

In this section, there is an “emergency” if—

a

there is a significant risk to public health; and

b

the nature of that risk is such that immediate action is necessary to prevent, or prevent the spread of, infectious disease or contamination.