The Department of Health and the Health Protection Agency, in consultation with the CIEH and other stakeholders, has published guidance explaining changes to health protection legislation.
Recent changes to health protection legislation in England will come into force on 6 April 2010. The revised measures are contained within the Public Health (Control of Disease) Act 1984 (as amended) and new regulations made under it. These changes will modernise the powers and duties of public authorities to prevent and control risks to human health from infection or contamination, including by chemicals and radiation.
CIEH Principal Policy Officer Ian Gray said:
“This guidance is essential reading for all environmental health practitioners. The new health protection arrangements give public authorities modernised powers and duties to prevent and control risks to human health from infection or contamination, including by chemicals and radiation.
“They are based on an all hazards approach encompassing infection and contamination of any kind.
“The CIEH would encourage local authorities to take this opportunity to review their arrangements for implementing this guidance and particularly to ensure that their environmental health practitioners are appropriately authorised and trained to carry out these important duties.”
A key feature of the updated legislation is that local authorities will have wider, more flexible powers to deal with incidents or emergencies where infection or contamination presents, or could present, a significant risk to human health.
Some powers, relating to specific circumstances, can be exercised directly by local authorities. In other circumstances, local authorities can apply to a justice of the peace (JP) for a Part 2A Order to impose restrictions or requirements to protect human health.
The new guidance is illustrated by examples of how the legislation might be applied and includes algorithms to help practitioners follow the required processes.
Together with updated requirements on registered medical practitioners and diagnostic laboratories, this modernised legislation will enable public authorities to respond to modern-day health hazards more effectively.
Earlier legislation, much of it dating from the 19th century, applied only to specified infectious diseases and was based on outdated assumptions about risks to health and how society operated. The updated legislation adopts an “all hazards” approach, encompassing infection and contamination of any kind. It means that appropriate steps can be taken in response to previously unknown threats, such as SARS or polonium 210, as well as known infections and contamination that could result in significant harm to human health.
Guidance on the regulations has been published by the Department of Health as follows:
Health Protection Legislation (England) Guidance 2010
Links to the new health protection regulations:
Health Protection (Local Authority Powers) Regulations 2010
Health Protection (Part 2A Orders) Regulations 2010
Health Protection (Notification) Regulations 2010