Public Health (Control of Disease) Act 1984

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Public Health (Control of Disease) Act 1984
Act of Parliament
Long titleAn Act to consolidate certain enactments relating to the control of disease and to the establishment and functions of port health authorities, including enactments relating to burial and cremation and to the regulation of common lodging–houses and canal boats, with amendments to give effect to recommendations of the Law Commission.
Citation1984 c. 22
Territorial extentEngland and Wales
Dates
Royal assent26 June 1984
Commencement26 September 1984
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Public Health (Control of Disease) Act 1984 is a piece of legislation 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] The act forms the basis of various legislation connected to the COVID-19 pandemic in the United Kingdom.[3]

History[]

This law was also used as the legal basis for the regulations that put into force the stay at home order announced by Boris Johnson on the 23 March 2020 in relation to COVID-19,[4] the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.[5] The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 Statutory Instrument 350/2020 gave legal force to some of the 'lockdown' rules that had been announced by the Prime Minister Boris Johnson during a televised address on 23 March 2020.[5]

On 31 August 2021 the general secretary of the (WEU) remarked that "the [retirement] care homes... are ignoring section 45E" of Act in their drive to satisfy HMG's deadline of 11 November for mandatory vaccination of care home staff under some statutory instrument or other.[6] As of 31 August, section 45E on "Medical treatment" read: "(1) Regulations under section 45B or 45C may not include provision requiring a person to undergo medical treatment. (2) "Medical treatment" includes vaccination and other prophylactic treatment." The WEU issued a formal letter which in part read that the "requirement to vaccinate is invalid" and that managers "may be liable for the criminal offence of ".[6][dubious – discuss]

Misinformation about the Act circulated online in 2021.[7] This included claims that it had been amended to mandate COVID-19 vaccination; according to Full Fact, the Act does provide any power to mandate any treatment or vaccination.[8]

See also[]

References[]

  1. ^ Stephen Monaghan (2002). The State of Communicable Disease Law. London: The Nuffield Trust. ISBN 1-902089-68-5
  2. ^ "Notifiable diseases and causative organisms: how to report". GOV.UK. Retrieved 3 March 2020.
  3. ^ Griffith, Richard (2020-03-12). "Using public health law to contain the spread of COVID-19". British Journal of Nursing. 29 (5): 326–327. doi:10.12968/bjon.2020.29.5.326. ISSN 0966-0461.
  4. ^ "Prime Minister's statement on coronavirus (COVID-19): 23 March 2020". gov.uk. Crown copyright OGLv3.0.
  5. ^ a b (26 March 2020). "Lockdown becomes Law". Retrieved 26 March 2020.
  6. ^ a b Swerling, Gabriella (31 August 2021). "Care home bosses receiving 'threatening' union letters over compulsory vaccines". Telegraph Media Group Limited.
  7. ^ "Fact Check-The British legal system does not have U.S.-style inalienable rights". Reuters. 2021-08-13. Retrieved 2021-12-16.
  8. ^ "The Control of Diseases Act was not changed in April to say you can be forcibly vaccinated". Full Fact. 2020-05-07. Retrieved 2021-12-16.


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