Health Act 1947

Exemption from requirement to submit to measures in relation to protection or immunisation against infectious disease.

32

32. (1) ( a) Where—

(i) an adult person is required pursuant to regulations made under section 31 of this Act to submit himself to any specified measure in relation to his protection or immunisation against a particular infectious disease, and

(ii) such adult person sends, within the prescribed time and in the prescribed manner, to the health authority concerned, a statement that he objects to submitting himself to such specified measure,

then, unless an order (which relates to such infectious disease and is applicable to such adult person) under paragraph ( b) of this subsection is in force, the health authority shall exempt such adult person from such requirement.

( b) The Minister may by order declare that—

(i) it is necessary, for the purpose of preventing the spread of a particular infectious disease, that all adult persons should submit themselves to a specified measure in relation to their protection or immunisation against such infectious disease, or

(ii) it is necessary, for the said purpose, that adult persons of a particular class (defined in such manner and by reference to such things as the Minister thinks proper) should submit themselves to such specified measure.

(2) ( a) Where—

(i) the parent of a child is required pursuant to regulations made under section 31 of this Act to submit the child to any specified measure in relation to his protection or immunisation against a particular infectious disease, and

(ii) such parent sends, within the prescribed time and in the prescribed manner, to the health authority concerned a statement that he objects to submitting the child to such specified measure,

then, unless an order (which relates to such infectious disease and is applicable to the child) under paragraph ( b) of this subsection is in force, the health authority shall exempt such parent from such requirement.

( b) The Minister may by order declare that—

(i) it is necessary, for the purpose of preventing the spread of a particular infectious disease, that all children should be submitted to a specified measure in relation to their protection or immunisation against that infectious disease, or

(ii) it is necessary, for the said purpose, that children of a particular class (defined in such manner and by reference to such things as the Minister thinks proper) should be submitted to such specified measure.

Annotations

Modifications (not altering text):

C13

References construed (1.04.1971) by Health Boards (Functions of Chief Executive Officers) Order 1971 (S.I. No. 107 of 1971), reg. 3, in effect as per reg. 2.

3. Each reference to a health authority, specified in the third column of the Schedule in the enactments and statutory instruments mentioned in the second column, shall be construed as a reference to the chief executive officer of a health board.

SCHEDULE

Number and Year

Title

References to a health authority

28 of 1947 ...

Health Act, 1947

The references in section 32 and the reference in section 93 (2) (b)

...

...

...