On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 31/07/2003.
Powers of Director and Health Officers in dealing with outbreaks and suspected outbreaks of infectious diseases
55.
—(1) For the purpose of investigating into any outbreak or suspected outbreak of an infectious disease or for the purpose of preventing the spread of any such infectious disease, the Director or any Health Officer authorised by the Director may —
(a)
at any time without warrant and with such force as may be necessary —
(i)
enter, inspect and search any premises; or
(ii)
stop, board, inspect and search any conveyance,
in which the outbreak or suspected outbreak has taken place;
(b)
take samples of any substance or matter, wherever found, if the Director or Health Officer has reason to believe that that substance or matter is the cause of, is contributory to or is otherwise connected with, the occurrence of the outbreak or suspected outbreak, and send such samples for such test, examination or analysis as the Director or Health Officer may consider necessary or expedient;
(c)
seize any substance or matter, wherever found, if the Director or Health Officer has reason to believe that that substance or matter is the cause of, is contributory to or is otherwise connected with, the occurrence of the outbreak or suspected outbreak;
(d)
require any person to destroy any food in his possession which the Director or Health Officer has reason to believe is the cause of, is contributory to or is otherwise connected with, the occurrence of the outbreak or suspected outbreak;
(e)
require any person —
(i)
to furnish any information within his knowledge; or
(ii)
to produce for inspection any book or document within his custody or possession;
(f)
require, by notice in writing, any person who is, or is suspected to be, a case or carrier or contact of an infectious disease to submit to medical examination and have his blood or other body sample taken for examination within the time specified in such notice, and to undergo such treatment as may be necessary;
(g)
subject to subsection (5), order the closure or cordoning off of any public place in which the outbreak or suspected outbreak has taken place;
(h)
subject to subsections (6) and (7), requisition, for such period as the Director or Health Officer thinks necessary —
(i)
any premises which, in his opinion, is suitable for the isolation and treatment of persons who are or are reasonably suspected to be cases or carriers or contacts of the infectious disease; and
(ii)
any conveyance which, in his opinion, is suitable and necessary for use in connection with the prevention of the spread of the infectious disease; and
(i)
by order prohibit or restrict the movement of persons, animals and conveyances into, within or out of any public place referred to in paragraph (g) or any premises referred to in paragraph (h)(i).
[5/2003; 7/2003]
(2) Where the Director or Health Officer seizes any substance or matter under subsection (1)(c) —
(a)
the Director or Health Officer shall immediately give notice in writing of the seizure to the owner of, or to the person from whom, the substance or matter was seized and may —
(i)
direct that the substance or matter under seizure be kept or stored in the premises or conveyance where it was seized or be removed to any other place to be kept or stored thereat; or
(ii)
dispose of the substance or matter immediately if the Director or Health Officer is of the view that the substance or matter is decayed, putrefied or deleterious to health; and
(b)
any person aggrieved by the seizure may, within 48 hours after the seizure, complain thereof to a Magistrate’s Court and the Magistrate’s Court may —
(i)
confirm the seizure wholly or in part;
(ii)
disallow the seizure wholly or in part;
(iii)
order that any substance or matter that has been seized be returned to its owner, subject to any condition which the Court may think fit to impose to ensure that the substance or matter is preserved for any purpose for which it may subsequently be required; or
(iv)
order payment to be made to the owner of or person entitled to the substance or matter seized of such amount as the Court considers reasonable compensation to him for any loss or depreciation resulting from the seizure.
[5/2003]
(3) Where —
(a)
no complaint is received by the Magistrate’s Court within 48 hours of the seizure under subsection (2)(b); or
(b)
the Magistrate’s Court confirms the seizure under subsection (2)(b)(i),
the substance or matter seized in its entirety or to the extent to which its seizure was confirmed by the Magistrate’s Court, as the case may be, shall become the property of the Government and shall be disposed of in such manner as the Director thinks fit.
[5/2003]
(4) A person shall comply with a requirement under subsection (1)(e) to disclose information or produce documents to the Director notwithstanding any restriction on the disclosure of the information or documents imposed by any written law, rule of law, rule of professional conduct or contract; and the person shall not by so doing be treated as being in breach of any such restriction notwithstanding anything to the contrary in that law, rule or contract.
[7/2003]
(5) The power referred to in subsection (1)(g) shall not apply in respect of any public place where the power to order the closure or cordoning off of such public place in the same circumstances has been conferred by any other written law on some other public officer or statutory body.
[5/2003]
(6) Any premises that are unoccupied may be requisitioned under subsection (1)(h) without notice being given to the owner thereof, but no premises that are occupied shall be so requisitioned unless a written notice has been served on the owner or occupier or posted in a conspicuous position at those premises.
[5/2003]
(7) Where any premises or conveyance is requisitioned under subsection (1)(h), the owner or occupier of the premises or the owner or person having control and possession of the conveyance shall be entitled to a reasonable compensation for the occupation of the premises during the period of requisition, or for the use and detention of the conveyance, as the case may be.
[5/2003]
(8) Any person who fails to comply with any requirement or order made by the Director or a Health Officer under subsection (1)(d), (e), (f), (g) or (i) shall be guilty of an offence.
[5/2003]