Public Health Act 2010 No 127
Current version for 21 October 2014 to date (accessed 26 November 2014 at 19:37)

62   Authorised medical practitioner may make public health order

(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 the person:
(a)  has a Category 4 or 5 condition, and
(b)  because of the way the person behaves may, as a consequence of that condition, 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 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,
(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 undergo specified treatment at a specified place.
(4)  A public health order based on a Category 4 condition, being an order that requires the person to undergo specified treatment at a specified place, may authorise the person subject to the order to be detained at that place while undergoing the treatment.
(5)  A public health order based on a Category 5 condition may authorise the person subject to the order to be detained at a specified place for the duration of the order.
(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.
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