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Govt Marshals and Related Public Health Officer Guidance

Posted on 13th September, 2020

See commentary video by UK Column

when this Govt Gudiance was released in July 2020

 

 

"These Regs give the right to take away from home and detain anyone, including children, for up to 14 days using force if necessary, if they suspect you might be infected"

 

Summary by Simon Dolan, whose "... challenge against the UK Government lockdown will continue to be heard after the Court of Appeal ... ruled that the case highlighted ‘fundamental’ concerns over the accountability of Government Ministers. The Judicial Review will now proceed to a rolled-up hearing expected to be held at the Court of Appeal during the week commencing the 28th September ..."

 

Guidance for Public Health Officers - Potentially infectious persons

Extracts from Governement Guidance by UK Column

 

"1.1 To manage the spread of coronavirus, the Coronavirus Act 2020 (“the Act”) provides Public Health Officers (PHO) with powers to control the spread of coronavirus in the UK. Some of these powers existed already for England in The Health Protection (Coronavirus) Regulations 2020. However, the Act replaces these regulations with a consistent, UK-wide, approach and includes certain new powers for immigration officers and constables.

 

1.3 The relevant powers can only be used once the Secretary of State for Health and Social Care has issued a declaration (and such declaration remains in force) that the incidence or transmission of coronavirus constitutes a serious and imminent threat to public health in England,

 

1.4 ... A PHO is either (i) an officer of the Secretary of State... or (ii) a registered public health consultant so designated by the Secretary of State.

 

1.7 Schedule 21, Parts 1 and 2, also include powers for Constables and Immigration Officers (IOs) to support the functions of PHOs.

 

2. [Public Health Officers] may direct, remove or request a constable to remove, an individual to a place suitable for screening and assessment."

 

2.3 A person is potentially infectious (Paragraph 2) if: (a) The person is or may be infected or contaminated with coronavirus AND there is a risk that the person might infect or contaminate others. OR (b) the person has been in an infected area within the 14 days preceding that time.

 

2.4 ‘Infected area’ refers to any country, territory or other area outside UK that the Secretary of State has declared for this purpose in a notice on www.gov.uk

 

3.7 Implementation of your powers will be done at a local level, co-ordinating with local resilience partners, in accordance with local arrangements.

 

3.9 If the person is not willing to comply voluntarily, a PHO should first have a conversation ...If the person is still not compliant, then you should invoke the powers conferred on you by the Act.

 

3.9 (e) where will the person be taken for screening and assessment – this facility must be suitable for screening and assessment. This could be an isolation facility, an NHS facility or any other agreed facility (as long as it is suitable for screening and assessment);

 

6.2 [A PHO] may only exercise [their] powers with respect to screening and assessment under Paragraph 10 and imposition of requirements and restrictions under Paragraph 14, on a child in the presence of: (a) an individual who has responsibility for the child; or (b) if no such adult is present, an adult that [the Public Health Officer] consider[s] to be appropriate ... having regards to the views of the child

 

9.1 ... Individuals should always be given the opportunity to comply voluntarily with public health advice ...

 

9.2 It is only at the stage where individuals do not comply with such advice that we would look to impose measures under Schedule 21, Parts 1 and 2.

 

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See also 

 

 

 

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