Legalize / United Kingdom / Statutory-Instrument

The Health Protection (Notification) Regulations 2010

Type Statutory-Instrument

Publication 2010-03-09

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 9th March 2010

Laid before Parliament: 11th March 2010

Coming into force

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 13, 45C(1), (2) and (3)(a), 45F(2)(a) and (b), 45P(2) and 60A of the Public Health (Control of Disease) Act 1984 .

In accordance with section 45Q(3) of the Public Health (Control of Disease) Act 1984, the Secretary of State declares that he is of the opinion that these Regulations do not contain any provision made by virtue of section 45C(3)(c) of that Act which imposes or enables the imposition of a special restriction or requirement or any other restriction or requirement which has or would have a significant effect on a person's rights.

Citation, commencement and application

1

(1) These Regulations may be cited as the Health Protection (Notification) Regulations 2010 and shall come into force—

(a) for the purposes of all regulations except regulation 4 on 6th April 2010; and

(b) for the purposes of regulation 4 on 1st October 2010.

(2) These Regulations apply in relation to England only.

(3) In these Regulations, “the United Kingdom Health Security Agency” means the executive agency of the Department of Health and Social Care known as the United Kingdom Health Security Agency.

Duty to notify suspected disease, infection or contamination in patients

2

(1) A registered medical practitioner (R) must notify the proper officer of the relevant local authority where R has reasonable grounds for suspecting that a patient (P) whom R is attending—

(a) has a notifiable disease;

(b) has an infection which, in the view of R, presents or could present significant harm to human health; or

(2) The notification must include the following information insofar as it is known to R—

(a) P's name, date of birth and sex;

(b) P's home address including postcode;

(d) P's telephone number;

(e) P's NHS number;

(f) P's occupation (if R considers it relevant);

(g) the name, address and postcode of P's place of work or education (if R considers it relevant);

(h) P's relevant overseas travel history;

(i) P's ethnicity;

(j) contact details for a parent of P (where P is a child);

(k) the disease or infection which P has or is suspected of having or the nature of P's contamination or suspected contamination;

(l) the date of onset of P's symptoms;

(m) the date of R's diagnosis; and

(n) R's name, address and telephone number.

(3) The notification must be provided in writing within 3 days beginning with the day on which R forms a suspicion under paragraph (1).

(4) Without prejudice to paragraph (3), if R considers that the case is urgent, notification must be provided orally as soon as reasonably practicable.

(5) In determining whether the case is urgent, R must have regard to —

(a) the nature of the suspected disease, infection or contamination;

(b) the ease of spread of that disease, infection or contamination;

(d) P's circumstances (including age, sex and occupation).

(6) This regulation does not apply where R reasonably believes that the proper officer of the relevant local authority has already been notified with regard to P and the suspected disease, infection or contamination by another registered medical practitioner in accordance with this regulation.

(7) In this regulation—

“child” means a person under the age of 18 years;

“notifiable disease” means a disease listed in Schedule 1;

“parent” has the meaning given to it by section 576 of the Education Act 1996 ; and

“relevant local authority” means the local authority within whose area R attended P on the occasion of forming a suspicion under paragraph (1).

Duty to notify suspected disease, infection or contamination in dead persons

3

(1) A registered medical practitioner (R) must notify the proper officer of the relevant local authority where R has reasonable grounds for suspecting that a person (P) whom R is attending has died whilst—

(a) infected with a notifiable disease;

(b) infected with a disease which, in the view of R, presents or could present, or presented or could have presented (whilst P was alive), significant harm to human health; or

(c) contaminated in a manner which, in the view of R, presents or could present, or presented or could have presented (whilst P was alive), significant harm to human health.

(2) The notification must include the following information insofar as it is known to R—

(a) P's name, date of birth and sex;

(b) P's date of death;

(d) P's place of residence at time of death (if different from home address);

(e) P's NHS number;

(f) P's occupation at time of death (if R considers it relevant);

(g) the name, address and postcode of P's place of work or education at the time of death (if R considers it relevant);

(h) P's relevant overseas travel history;

(i) P's ethnicity;

(j) the disease or infection which P had or is suspected of having had or the nature of P's contamination or suspected contamination;

(k) the date of onset of P's symptoms;

(l) the date of R's diagnosis; and

(m) R's name, address and telephone number.

(3) The notification must be provided in writing within 3 days beginning with the day on which R forms a suspicion under paragraph (1).

(4) Without prejudice to paragraph (3), if R considers that the case is urgent, notification must be provided orally as soon as reasonably practicable.

(5) In determining whether the case is urgent, R must have regard to—

(a) the nature of the suspected disease, infection or contamination;

(b) the ease of spread of that disease, infection or contamination;

(d) P's circumstances (including age, sex and occupation).

(6) This regulation does not apply where R reasonably believes that the proper officer of the relevant local authority has already been notified with regard to P and the suspected disease, infection or contamination by another registered medical practitioner in accordance with this regulation or regulation 2(1).

(7) In this regulation—

“notifiable disease” has the same meaning it has in regulation 2; and

“relevant local authority” means the local authority within whose area R attended P on the occasion of forming a suspicion under paragraph (1).

Duty to notify causative agents found in human samples

4

(1) The operator of a diagnostic laboratory must notify the United Kingdom Health Security Agency in accordance with this regulation where the diagnostic laboratory —

(a) identifies a causative agent in a human sample ; or

(b) processes a test for the detection of SARS-CoV-2 ... and the test result is indeterminate.

(1ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) The operator of a diagnostic laboratory must also notify the United Kingdom Health Security Agency in accordance with this regulation where the diagnostic laboratory—

(a) processes a test for the detection of respiratory syncytial virus or SARS-CoV-2 and the test result is negative or void; or

(b) processes a test for the detection of influenza virus and the test result is indeterminate, negative or void.

(2) The notification must include the following information insofar as it is known to the operator of the diagnostic laboratory—

(a) name and address of the diagnostic laboratory;

(aa) the date and time the sample was received by the diagnostic laboratory;

(b) where a causative agent is identified, the details of that agent;

(ba) where the test is for the detection of SARS-CoV-2 , respiratory syncytial virus or influenza virus, the result of the test;

(d) nature of the sample;

(da) the results of any antimicrobial susceptibility test and any resistance mechanism identified in respect of the sample;

(e) name of person (P) from whom the sample was taken;

(f) P's date of birth and sex;

(g) P's current home address including postcode;

(h) P's current residence (if not home address);

(i) P's ethnicity;

(j) P's NHS number; ...

(k) the name, address and organisation of the person who solicited the test ; and

(l) where the result of a test for the detection of SARS-CoV-2 is positive or indeterminate, a telephone number and an email address—

(i) where P is a child or a person with a disability who is unable for that reason to provide the information set out in sub-paragraphs (e) to (j), for an appropriate parent, guardian or carer of that person ;

(ii) otherwise, for P.

(3) A notification under paragraph (1)(a) where the causative agent identified is not SARS-CoV-2 must be provided in writing within 7 days beginning with the day on which the causative agent is identified.

(3A) A notification under paragraph (1A) must be provided in writing within 7 days beginning with the day on which the diagnostic laboratory becomes aware of the test result.

(3B) A notification under paragraph (1)(a) where the causative agent identified is SARS-CoV-2, must ... be provided in writing within 24 hours of the causative agent being identified.

(3C) A notification under paragraph (1)(b) must be provided in writing within 24 hours of the diagnostic laboratory becoming aware of the test result.

(3D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Without prejudice to paragraphs (3) and (3A), if the operator of the diagnostic laboratory considers that a particular case to which one of those paragraphs applies is urgent, the notification must be provided orally as soon as reasonably practicable.

(5) In determining whether the case is urgent, the operator of the diagnostic laboratory must have regard to —

(a) the nature of the causative agent;

(b) the nature of the disease which the causative agent causes;

(d) the ways in which the spread of the causative agent can be prevented or controlled; and

(e) where known, P's circumstances (including age, sex and occupation).

(6) This regulation does not apply where the operator of the diagnostic laboratory reasonably believes that the United Kingdom Health Security Agency has already been notified in accordance with this regulation by the operator of another diagnostic laboratory in relation to the same causative agent being found in a sample from the same person.

(7) For the purposes of paragraph (1)(a), a diagnostic laboratory identifies a causative agent where—

(a) the diagnostic laboratory identifies the causative agent; or

(b) the causative agent is identified by another laboratory under an arrangement made with that diagnostic laboratory.

(7A) For the purposes of paragraphs (1)(b) and (1A), a diagnostic laboratory processes a test where—

(a) the diagnostic laboratory processes the test; or

(b) the test is processed by another laboratory under an arrangement made with that diagnostic laboratory.

(8) Where paragraph (7)(b) applies —

(a) the day on which the causative agent is identified for the purposes of paragraph (3), is the day on which the diagnostic laboratory became aware of the identification by the other laboratory;

(b) the time at which the causative agent is identified for the purposes of paragraph (3B), is the time at which the diagnostic laboratory became aware of the identification by the other laboratory.

(8A) Where paragraph (7A)(b) applies—

(a) the day on which the diagnostic laboratory becomes aware of the test result for the purposes of paragraph (3A), is the day on which the diagnostic laboratory became aware of the result of the test processed by that other laboratory;

(b) the time at which the diagnostic laboratory becomes aware of the test result for the purposes of paragraph (3C), is the time at which the diagnostic laboratory became aware of the result of the test processed by that other laboratory.

(9) It is an offence for the operator of a diagnostic laboratory to fail without reasonable excuse to comply with this regulation.

(10) Any person who commits an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(11) In this regulation—

“carer” has the meaning given in section 10 of the Care Act 2014;

“causative agent” means—a causative agent listed in Schedule 2, orevidence of an infection caused by such an agent;

“child” has the meaning given in regulation 2(7);

“diagnostic laboratory” means an institution (or facility within an institution) which is equipped with apparatus and reagents for the performance of diagnostic tests for human infections;

“director of a diagnostic laboratory” means—the clinical microbiologist, consultant pathologist or other registered medical practitioner or other person in charge of a diagnostic laboratory, orany other person working in the diagnostic laboratory to whom the function of making a notification under this regulation has been delegated by the person mentioned in paragraph (a); ...

“disability” has the same meaning as in the Equality Act 2010 (see section 6 of, and Schedule 1 to, that Act);

“guardian” has the meaning given in section 107 of the Children and Young Persons Act 1933;

“operator of a diagnostic laboratory” means the corporate body that operates the diagnostic laboratory or, if there is no such body, the director of the diagnostic laboratory;

“parent” has the meaning given in regulation 2(7).

Duty to provide information to the Health Protection Agency

5

(1) This regulation applies where a notification has been made by the operator of a diagnostic laboratory to the United Kingdom Health Security Agency under regulation 4.

(2) The United Kingdom Health Security Agency may request that the person (R) who solicited the laboratory test which identified the causative agent to which the notification relates, provide to it the information listed at regulation 4(2) insofar as that information was not included in the notification.

(3) R must provide the information requested under paragraph (2) insofar as it is known to R.

(4) The information must be provided in writing within 3 days beginning with the day on which the request is made.

(5) Without prejudice to paragraph (4), if the United Kingdom Health Security Agency considers the case to be urgent and informs R of this fact when making the request, the information must be provided orally as soon as reasonably practicable.

(6) In determining whether the case is urgent, the United Kingdom Health Security Agency must have regard to—

(a) the nature of the causative agent to which the notification relates;

(b) the nature of the disease which the causative agent causes;

(d) the ways in which the spread of the causative agent can be prevented or controlled; and

(e) where known, the circumstances of the person from whom the sample was taken (including age, sex and occupation).

Duty on the relevant local authority to disclose notification to others

6

(1) This regulation applies where the proper officer of a local authority has received a notification under regulation 2 or 3.

(2) The proper officer of the local authority must disclose the fact of the notification and its contents to—

(a) the United Kingdom Health Security Agency;

(b) the proper officer of the local authority in whose area P usually resides (if different); and

(c) the proper officer of the port health authority or local authority in whose district or area a ship, hovercraft, aircraft or international train is or was situated from which P has disembarked (if known to the disclosing proper officer and if that officer considers disclosure appropriate).

(3) The disclosure must be made in writing within 3 days beginning with the day that the proper officer receives the notification.

(4) Without prejudice to paragraph (3), if the disclosing proper officer considers that the case is urgent, disclosure must be made orally as soon as reasonably practicable.

(5) In determining whether a case is urgent, the disclosing proper officer must have regard to—

(a) the nature of the disease, infection or contamination or the suspected disease, infection or contamination notified;

(b) the ease of spread of the disease, infection or contamination;

(d) where known, the patient's circumstances (including age, sex and occupation).

Electronic communications

7

(1) This regulation applies to—

(a) notifications provided under regulation 2(1), 3(1) , 4(1) and (1A) ... ... and 4A(3);

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.