Public Health (Control of Disease) Act 1984
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]
| Act of Parliament | |
.svg.png.webp) | |
| Long title | An 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. |
|---|---|
| Citation | 1984 c. 22 |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 26 June 1984 |
| Commencement | 26 September 1984 |
Status: Amended | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
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,[3] the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.[4]
History
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.[4]
Lord Sumption in a podcast aired on 10 September 2020 pointed out to broadcaster Allison Pearson of the Daily Telegraph that the "lockdown and the quarantine rules and most of the other regulations have been made under the Public Health (Control of Disease) Act 1984", not the Coronavirus Act 2020 itself. Sumption further opined that the only language contained in this Act which confers specific powers over an individual's liberty relate to individuals who are believed "on reasonable grounds" to have contracted an infectious agent, and that thus the powers purported by the Johnson government to enforce lockdown measures on the whole population are in fact ultra vires and of vanishing effect on the vast majority. He found the deliberate employment of this Act to enforce a lockdown a "drastic decision" and "profoundly controversial".[5]
See also
References
- Stephen Monaghan (2002). The State of Communicable Disease Law. London: The Nuffield Trust. ISBN 1-902089-68-5
- "Notifiable diseases and causative organisms: how to report". GOV.UK. Retrieved 3 March 2020.
- "Prime Minister's statement on coronavirus (COVID-19): 23 March 2020". gov.uk. Crown copyright OGLv3.0.
- Holder, Kevin (26 March 2020). "Lockdown becomes Law". Retrieved 26 March 2020.
- Pearson, Allison; Halligan, Liam (10 September 2020). "Planet Normal: Use of fear has brought about 'the greatest invasion of personal liberty in our history' –Lord Sumption". Telegraph Media Group Limited.