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Public Health (Control of Disease) Act 1984

The Public Health (Control of Disease) Act 1984 (c. 22) 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] It also provides powers to isolate infected individuals to prevent the spread of such a disease. The act forms the basis of various legislation connected to the COVID-19 pandemic in the United Kingdom.[3]

Public Health (Control of Disease) Act 1984
Act of Parliament
Parliament of the United Kingdom
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 extent England and Wales
Dates
Royal assent26 June 1984
Commencement26 September 1984
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

History

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The Act, originally enacted to address public health concerns, has been a critical tool in managing infectious diseases such as tuberculosis in the UK. Over the years, it has undergone several amendments to adapt to evolving public health needs and legal standards. One of the key provisions of the Act allows for the detention of individuals with tuberculosis to prevent the spread of the disease, a measure that has sparked significant debate. Critics argue that this provision may infringe on individual rights, particularly in light of the European Convention on Human Rights, which the UK joined in 2000. Despite these concerns, the Act has played a vital role in controlling outbreaks and protecting public health, though it continues to be scrutinized and discussed in legal and public health circles.[4][5][6][7]

COVID-19 pandemic

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See also: United Kingdom legislation connected with the COVID-19 pandemic

This Act was used as the legal basis for the regulations that put into force the stay at home order announced by Boris Johnson on 23 March 2020 in response to the COVID-19 pandemic,[8] the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.[9] The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 Statutory Instrument 350/2020 later gave legal force to some of the 'lockdown' rules that had been announced.[9]

Misinformation about the Act circulated online during the COVID-19 pandemic.[10] This included claims that it had been amended to mandate COVID-19 vaccination; according to Full Fact, the Act does not provide any power to mandate any treatment or vaccination.[11]

See also

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References

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  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 (12 March 2020). "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. PMID 32167816. S2CID 212709259.
  4. ^ Coker, RJ (1 September 2000). "For debate. The law, human rights, and the detention of individuals with tuberculosis in England and Wales". Journal of Public Health. pp. 263–267. doi:10.1093/pubmed/22.3.263. PMID 11077895. Retrieved 3 February 2022.
  5. ^ "Tuberculosis (TB): diagnosis, screening, management and data". GOV.UK. 1 October 2014. Retrieved 17 November 2024.
  6. ^ "Health matters: reducing the burden of tuberculosis". GOV.UK. Retrieved 17 November 2024.
  7. ^ "Public Health (Tuberculosis) Act 1921 (Hansard)". api.parliament.uk. Retrieved 17 November 2024.
  8. ^ "Prime Minister's statement on coronavirus (COVID-19): 23 March 2020". gov.uk. Crown copyright OGLv3.0.
  9. ^ a b Holder, Kevin (26 March 2020). "Lockdown becomes Law". Retrieved 26 March 2020.
  10. ^ "Fact Check-The British legal system does not have U.S.-style inalienable rights". Reuters. 13 August 2021. Retrieved 16 December 2021.
  11. ^ "The Control of Diseases Act was not changed in April to say you can be forcibly vaccinated". Full Fact. 7 May 2020. Retrieved 16 December 2021.
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