ACTIn ForceAct
Public Health Act 1997
121Emergency powers
Start here
Get a plain-English read of 121
Turn the raw legal text into a practical explanation grounded in Public Health Act 1997.
121 Emergency powers
(1) While an emergency declaration is in force, an authorised person
may, for the purposes of section 120, using such reasonable force and
assistance as is necessary—
(a) enter, using such reasonable force and assistance as is necessary,
any place to—
(i) save any person’s life; or
(ii) prevent injury to any person; or
(iii) rescue any endangered person; or
(b) prevent access to any place; or
(c) close to pedestrian or vehicular traffic any roadway, path or any
other thoroughfare; or
(d) remove from a place any person obstructing the authorised
person in the exercise of a power under this section.
(2) The chief health officer may, by writing, authorise a person, or a
person of a specified class, for the purposes of this section.
(3) An authorised person who enters a place pursuant to subsection (1) is
not entitled to remain in that place if, on request by the occupier, the
person does not produce—
(a) in the case of the chief health officer—the chief health officer’s
identity card; or
(b) for a public health officer—the officer’s authorisation under
section 12A (1) and identity card; or
(c) for a member of the ambulance service—the identity card issued
to the member under the Emergencies Act 2004; or
(d) in the case of a police officer—proof of identification of a kind
approved for general purposes by the chief police officer; or
(e) in the case of a person authorised under subsection (2) of this
section—the authorisation, or, in the case of a class
authorisation, a copy of the authorisation.
authorised person means—
(a) the chief health officer; or
(b) a public health officer authorised for the purpose under
section 12A (1); or
(c) a member of the ambulance service; or
(d) a police officer; or
(e) a person authorised under subsection (2).