62Making of public health orders relating to person with Category 4 or 5 condition or contact order condition

#### 62 Making of public health orders relating to person with Category 4 or 5 condition or contact order condition 62 Making of public health orders relating to person with Category 4 or 5 condition or contact order condition (cf 1991 Act, s 23) > > (1) An authorised medical practitioner may make a public health order in respect of a person if satisfied, on reasonable grounds, that— > > > > > (a) the person has a Category 4 or 5 condition and because of the way the person behaves may, as a consequence of that condition, be a risk to public health, or > > > > > (b) the person— > > > > > > > (i) has been exposed to a contact order condition, and > > > > > > > (ii) is at risk of developing the contact order condition, and > > > > > > > (iii) because of the way the person behaves, may be a risk to public health. > > > (2) A public health order— > > > > > (a) must be in writing, and > > > > > (b) must name the person subject to the order, and > > > > > (c) must state the grounds on which it is made, and > > > > > (d) must state that, unless sooner revoked, it expires— > > > > > > > (i) if the public health order is made in respect of a person referred to in subsection (1)(b)—at the end of the period specified opposite the relevant condition in Schedule 1A, or > > > > > > > (ii) in any other case—at the end of a specified period (not exceeding 28 days), > > > > > > after it is served on the person subject to the order. > > > > Note. > > > > An order based on a Category 5 condition expires after 3 days unless an application is made for its confirmation (see section 63(2)). > > > (3) A public health order may require the person subject to the order to do any one or more of the following— > > > > > (a) to refrain from specified conduct, > > > > > (b) to undergo specified treatment (whether at a specified place or otherwise), > > > > > (c) to undergo counselling by one or more specified persons or by one or more persons belonging to a specified class of persons, > > > > > (d) to submit to the supervision of one or more specified persons or of one or more persons belonging to a specified class of persons, > > > > > (e) to notify the Secretary of other persons with whom the person has been in contact within a specified period, > > > > > (f) to notify the Secretary if the person displays any specified signs or symptoms, > > > > > (g) to undergo a specified kind of medical examination or test relating to the condition for which the order was made. > > > (4) A public health order may authorise the person subject to the order— > > > > > (a) to be detained at a specified place for the duration of the order, or > > > > > (b) in relation to an order that requires the person to undergo specified treatment at a specified place—to be detained at that place while undergoing the treatment. > > > (5) (Repealed) > > > (6) In deciding whether or not to make a public health order, the authorised medical practitioner must take into account— > > > > > (a) the principle that any restriction on the liberty of a person should be imposed only if it is the most effective way to prevent any risk to public health, and > > > > > (b) any matters prescribed by the regulations for the purposes of this section. > > > (7) A public health order may include provisions ancillary to, or consequential on, the matters included in the order. > > > (8) A public health order does not take effect until it is served personally on the person subject to the order. > > > (9) The authorised medical practitioner making the public health order must give the person subject to the order— > > > > > (a) information about the duration of the order, and > > > > > (b) information about the person’s rights of review in relation to the order, and > > > > > (c) any other information prescribed by the regulations. > > > (10) Failure to give the information specified in subsection (9) does not invalidate the order. > > **s 62:** Am 2017 No 43, Sch 1 \[24\]–\[28\]; 2020 No 5, Sch 1.26\[2\]; 2022 No 6, Sch 1.6\[1\] \[2\].