Wrexham County Borough Council Agenda Item No._____ s1

AGENDA ITEM NO. 9

REPORT TO: Council

REPORT NO: HHPP/77/11

DATE: 28 September 2011

REPORTING OFFICER: Head of Housing and Public Protection

CONTACT OFFICER: Toni Slater (Tel 813710)

SUBJECT: Appointment of Proper Officers for the purposes of the Public Health (Control of Disease Act) 1984 as amended by the Health and Social Care Act 2008

WARD: N/A

1. PURPOSE OF THE REPORT

To seek Member approval for the appointment of Proper Officers (as set out in Appendix A) for the purposes of the Public Health (Control of Disease Act) 1984 as amended by the Health and Social Care Act 2008 and regulations made under it) and in particular to enable those persons named to exercise the ‘power of entry’ to conduct investigations (which is reserved to ‘Proper Officers’ in the legislation).

2. INFORMATION

2.1 The Public Health (Control of Disease Act) 1984 as amended in 2010 by the Health and Social Care Act 2008 and regulations made under it, has introduced new or strengthened powers in relation to Public Health.

2.2 This revised public health legislation provides local authorities with wider, more flexible powers to deal with incidents or emergencies where infection or contamination presents, or could present a significant risk to human health. 2.3 The regulations made under the amendments to the above Act are:

 The Health Protection (Notification) (Wales) Regulations 2010  The Health Protection (Part 2A Orders) (Wales) Regulations 2010  The Health Protection (Local Authority Powers) (Wales) Regulations 2010

Some powers, relating to specific circumstances, can be exercised directly by local authorities. In other circumstances, local authorities can apply to a justice of the peace (JP) to impose restrictions or requirements to protect human health.

2.4 In using these powers, local authorities will work closely with other organisations, including Public Health Wales and the NHS. The modernised legal framework will assist health practitioners and Environmental Health Officers in the investigation of incidents, enforcement of public health standards and the removal of hazardous materials.

2.5 Under the legislation Local Authorities have the power to:-

o Gain entry to premises ('Powers of Entry' are reserved to the Proper Officers) o Require a child to be kept away from school o Require a Head teacher to provide contact details for pupils attending their school o Restrict contact with, or relocate, a dead body for health protection purposes o Disinfect/decontaminate things or premises on request o Formally request individuals or groups to co-operate for health protection purposes o LA may apply to a JP for a Part 2A Order (The order imposes restrictions or requirements on a person, or relating to a thing, human remains or premises in order to protect human health).

2.6 As a consequence of the above amendments, the Head of Housing and Public Protection has taken on additional powers as detailed in the Executive Board Report HHPP/65/11 on the 6 September 2011.

3. RECOMMENDATION

3.1 That Members note the content of the report and approve the appointment of ‘Proper Officers’ (as named in the revised list at Appendix A). 4. BACKGROUND PAPERS

BACKGROUND PAPERS LOCATION WEBSITE INFO

Legislation:

Acts of Parliament UK Legislation www.legislation.gov.uk website Wales Regulations & www.wales.gov.uk associated guidance Welsh Government website www.dh.gov.uk/publica Department of Health ‘Health Protection’ tions Legislation (England) Guidance 2010 Appendix A

PROPOSED ADDITIONAL ‘PROPER OFFICERS’

The appointments are for the purposes of the Public Health (Control of Disease Act) 1984 as amended by the Health and Social Care Act 2008 and regulations made under it) and in particular to enable those persons named to exercise the ‘power of entry’ to conduct investigations (which is reserved to ‘Proper Officers’ in the legislation).

Revised list to include:-

Proper Officer:-

Dr Judy Hart - Consultant in Communicable Disease Control (CCDC)

Alternate Proper Officers:-

Dr Christine Whiteside (CCDC), North Wales Dr Marion Lyons (CCDC), South East Wales Dr Lika Nehaul (CCDC), South East Wales Dr Gwen Lowe (CCDC), South East Wales Dr Jörg Hoffman (CCDC), Mid & West Wales Dr Mac Walapu (CCDC), Mid & West Wales Mr Andy Lewis (Head of Housing & Public Protection) Mrs Toni Slater (Public Protection Service Manager) Mr Neil Underwood (Principal Manager – Food Safety) Mrs Alison Watkin (Principal Manager – Heath and Safety & Licensing).