PART 3 continued
(1) A person commits an offence if the person—
(a) fails without reasonable excuse to comply with a restriction or requirement imposed by or under a Part 2A order, or
(b) wilfully obstructs anyone acting in the execution of a Part 2A order.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding £20,000.
(3) If—
(a) a person is convicted of an offence under subsection (1), and
(b) the court by which the person is convicted is satisfied that the failure or wilful obstruction constituting the offence has caused premises or things to become infected or contaminated or otherwise damaged them in a material way,
the court may, if it considers it appropriate to do so, order the person to take or pay for such remedial action as may be specified in the order.
(4) Subsection (5) applies if—
(a) a Part 2A order imposes a requirement that a person be detained or kept in isolation or quarantine in a place, and
(b) the person leaves that place contrary to the requirement.
(5) A constable may take the person into custody and return the person to that place.
(6) But a person may not be taken into custody under subsection (5) after expiry of the period for which the requirement is in force.
(1) A power to make regulations under this Part is exercisable by statutory instrument.
(2) A power to make regulations under this Part includes power to make different provision for different cases or different areas.
(1) An instrument containing regulations under this Part, except one to which subsection (4) applies, is subject to annulment—
(a) in the case of English regulations, in pursuance of a resolution of either House of Parliament;
(b) in the case of Welsh regulations, in pursuance of a resolution of the National Assembly for Wales.
(2) Subject to subsection (3), subsection (4) applies to an instrument containing (whether alone or with other provisions)—
(a) regulations under section 45C,
(b) regulations which amend an enactment pursuant to section 45F(3),
(c) the first regulations to be made under section 45G(7),
(d) the first regulations to be made under section 45L(4), or
(e) the first regulations to be made under section 45N.
(3) Subsection (4) does not apply by virtue of subsection (2)(a) if the instrument contains a declaration that the person making it is of the opinion that the instrument does not contain any provision made by virtue of section 45C(3)(c) which imposes or enables the imposition of—
(a) a special restriction or requirement, or
(b) any other restriction or requirement which has or would have a significant effect on a person’s rights.
(4) Subject to section 45R, an instrument to which this subsection applies may not be made unless—
(a) in the case of English regulations, a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament;
(b) in the case of Welsh regulations, a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
(5) If an instrument, or a draft of an instrument, containing regulations under section 45B or 45C would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.
(6) In this section—
“English regulations” means regulations made by the Secretary of State;
“Welsh regulations” means regulations made by the Welsh Ministers.
(1) This section applies to an instrument to which subsection (4) of section 45Q applies by virtue of subsection (2)(a) or (b) of that section.
(2) The instrument may be made without a draft having been laid and approved as mentioned in subsection (4) of that section if the instrument contains a declaration that the person making it is of the opinion that, by reason of urgency, it is necessary to make the order without a draft being so laid and approved.
(3) After an instrument is made in accordance with subsection (2), it must be laid—
(a) in the case of English regulations, before each House of Parliament;
(b) in the case of Welsh regulations, before the National Assembly for Wales.
(4) Regulations contained in an instrument made in accordance with subsection (2) cease to have effect at the end of the period of 28 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved—
(a) in the case of English regulations, by a resolution of each House of Parliament;
(b) in the case of Welsh regulations, by a resolution of the National Assembly for Wales.
(5) But if on any day during that period, on proceedings on a motion that (or to the effect that) the instrument be so approved, either House of Parliament or, as the case may be, the National Assembly for Wales comes to a decision rejecting the instrument, the regulations cease to have effect at the end of that day instead.
(6) In reckoning any such period of 28 days, no account is to be taken—
(a) in the case of English regulations, of any time during which Parliament is prorogued or dissolved or during which both Houses are adjourned for more than 4 days;
(b) in the case of Welsh regulations, of any time during which the National Assembly for Wales is dissolved or is in recess for more than 4 days.
(7) Subsections (4) and (5) do not—
(a) affect anything done in reliance on the regulations before they ceased to have effect, or
(b) prevent the making of new regulations.
(8) In this section “English regulations” and “Welsh regulations” have the same meaning as in section 45Q.
The provisions of this Part have effect in relation to the territorial sea adjacent to England or Wales.
(1) This Part is to be read in accordance with this section.
(2) “Enactment” means an enactment whenever passed or made, and includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).
(3) “Medical examination” includes microbiological, radiological and toxicological tests.
(4) “Special restriction or requirement” has the meaning given by section 45C(6).
(5) “Thing” includes—
(a) human tissue,
(b) a dead body or human remains,
(c) animals, and
(d) plant material.
(6) “The appropriate Minister” means—
(a) the Secretary of State, as respects England (including the sea adjacent to England out as far as the seaward boundary of the territorial sea);
(b) the Welsh Ministers, as respects Wales (including the sea adjacent to Wales out as far as that boundary).
(7) An order made under section 158(3) of the Government of Wales Act 2006 (orders to determine boundary of the sea adjacent to Wales) applies for the purposes of subsection (6) as it applies for the purposes of that Act.
(8) Any reference to amending an enactment includes a reference to repealing, revoking or modifying the application of an enactment, and “amendment” is to be read accordingly.
(9) Any reference to giving effect to an international agreement or arrangement includes a reference to giving effect to a recommendation issued under such an agreement or arrangement.”
(1) Part 2 of the Public Health (Control of Disease) Act 1984 (c. 22) (which is superseded by the new Part 2A inserted by section 129) ceases to have effect.
(2) Schedule 11 (which contains further amendments of that Act and other Acts) has effect.