Health Protection (Part 2A orders) Regulations 2010

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The *Health Protection (Part 2A orders) Regulations 2010 amend the older parts of the Public Health Act 1984 which allow for people to be detained to protect others.

The Regulations of the Public Health Act include legal powers, available to enforce actions to protect public health: Part 2A Orders. They are available to local authorities and involve an application to a magistrate.

A Part 2A Order can require a person to:

  • undergo medical examination.
  • be taken to hospital or other suitable establishment (in some cases an alternative to hospital such as care (in some cases an alternative to hospital, such as care home, might be appropriate);
  • be detained in hospital or some other suitable establishment.
  • be kept in isolation or quarantine;
  • wear protective clothing;
  • be disinfected or decontaminated;
  • provide information or answer questions about their health or other circumstances;
  • have their health monitored and the results reported;
  • attend training or advice sessions on how to reduce the risk of of infecting or contaminating others;
  • be subject to restrictions on where they go or whom they have contact with;
  • abstain from working or trading.

The application needs to prove:

  1. Person is or may be infected,
  2. AND that the infection or contamination presents, or could present, significant harm to health,
  3. AND there is a risk that the person might infect or contaminate others,
  4. AND an order is necessary to remove or reduce the risk

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