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Agenda Item No. 8

The Vale of Glamorgan Council

 

Shared Regulatory Services Joint Committee: 3rd November 2015

 

Report of the Head of Shared regulatory Services

 

Appointment of Proper Officers

 

Purpose of the Report

  1. The purpose of this report is to put forward, for an appointment, suitably qualified persons to fulfil the roles required as Proper Officers and Port Medical Officers under the provisions of the Public Health Act 1936, the Public Health (Control of Disease) Act 1984 (as amended), the Public Health (Infectious Diseases) Regulations 1988, the Public Health (Ships) Regulations 1979 as amended, the Public Health (Aircraft) Regulations as amended, the Public Health (International Trains) Regulations 1994, the International Health Regulations 2005, the Health Protection (Notification) (Wales) Regulations 2010, the Health Protection (Local Authority Powers) (Wales) Regulations 2010 and the Health Protection (Part 2 A Orders) (Wales) Regulations 2010. Such officers are normally drawn from the Health Protection division of Public Health Wales.

Recommendation

  1. That the following persons are appointed as Proper Officers and Port Medical Officers for the purposes of the legislation set out above.
  • Dr Jörg Hoffman, Consultant in Communicable Disease Control, Mid and West Wales
  • Mr Siôn Lingard, Consultant in Health Protection, Mid and West Wales
  • Dr Marion Lyons, Director of Health Protection, South East Wales
  • Dr Gwen Lowe, Consultant in Communicable Disease Control, South East Wales
  • Mrs Heather Lewis, Consultant in Health Protection, South East Wales
  • Dr Rhianwen Stiff, Consultant in Communicable Disease Control, South East Wales
  • Dr Graham Brown, Consultant in Communicable Disease Control, North Wales
  • Dr Christine Whiteside, Consultant in Communicable Disease Control, North Wales

Owing to retirement, the following person will be removed as a Proper Officer:

Dr Lika Nehaul, Consultant in Communicable Disease Control, South East Wales.

Reason for the Recommendation

  1. The current list of Proper / Port Medical Officers is out of date and requires amending.

Background

  1. The specific statutory responsibilities, duties and powers which are significant in the handling of an outbreak of notifiable and infectious diseases are set out in the Public Health Act 1936, the Public Health (Control of Disease) Act 1984 (as amended), the Public Health (Infectious Diseases) Regulations 1988, the Public Health (Ships) Regulations 1979, as amended, the Public Health (aircraft) Regulations as amended, the Public Health (International Trains) Regulations 1994, the International Health Regulations 2005, the Health Protection (Notification) (Wales) Regulations 2010, the Health Protection (Local Authority Powers) (Wales) Regulations 2010 and the Health Protection (Part 2 A Orders) (Wales) Regulations 2010. The responsibility of undertaking these duties lies with the Local Authority and has been delegated to the Shared Regulatory Services Joint Committee.
  2. To carry out these duties, the Local Authority appoints Proper / Port Medical Officers and where appropriate a panel of Alternate Proper Officers to act as medical advisers in relation to controlling and preventing the spread of infectious disease and preventing significant harm to others from contamination by chemicals or radiation. They may also form part of an outbreak control team, which may be convened to investigate and control such outbreaks.
  3. The Proper / Port Medical Officers ensure that suitable powers are available to the officers of the Local Authority, e.g. power of entry to investigate the notifications of infectious disease and contamination incidents and to take appropriate enforcement action when required under the medical advice of such Officers.

The powers of the Proper Officer include the following:

  • Powers of entry to allow the Proper Officer to carry out any of the following and to take with him or her any other people, and any equipment and materials necessary for the relevant purpose(s):
  • Search the premises;
  • Carry out measurements and tests of the premises or anything found on them;
  • Take and retain samples of the premises or anything found on them;
  • Inspect and/or take copies of any documents or records found on the premise;
  • Require electronic information accessible from the premises to be produced;
  • Seize, detain or remove anything the officer reasonably believes to be relevant evidence;
  • Find out if a Part 2A Order has been breached;
  • Find out if he/she should be taking action in relation to an order; or
  • Take action in relation to an order.
  • Receive notifications of cases of specified infections, diseases or contamination which could present a risk to human health from registered medical practitioners.
  • Receive notifications of specified causative agents identified by laboratories in tests on human species.

Relevant Issues and Options

  1. This report follows a request from Public Health Wales to the three Councils to update the existing list of Proper / Port Medical Officer appointments.

Resource Implications (Financial and Employment)

  1. There are no financial implications. Although, when acting as Proper or alternate Proper Officer, the appointee is acting on behalf of the Local Authority, the individual appointed will be financed by their employing authority, in this instance Public Health Wales.

Sustainability and Climate Change Implications

  1. None.

Legal Implications (to Include Human Rights Implications)

  1. The local Authority must appoint a Proper Officer in order to discharge its statutory functions under the Public Health Act 1936, the Public Health (Control of Disease) Act 1984 (as amended), the Public Health (Infectious Diseases) Regulations 1988, the Public Health (Ships) Regulations 1979 as amended, the Public Health (Aircraft) Regulations as amended, the Public Health (International Trains) Regulations 1994, the International Health Regulations 2005, the Health Protection (Notification) (Wales) Regulations 2010, the Health Protection (Local Authority Powers) (Wales) Regulations 2010 and the Health Protection (Part 2 A Orders) (Wales) Regulations 2010. The Councils have, under the provisions of the Joint Working Agreement delegated this function to the Shared Regulatory Joint Committee.

Crime and Disorder Implications

  1. None.

Equal Opportunities Implications (to include Welsh Language issues)

  1. The regulations are concerned primarily with the protection of public health from risks which affect all groups in society. They do not seek to achieve social change, which is outside the remit of this policy. They do seek to ensure that human rights are protected and support is given to those groups who might need it.
  2. Adverse impact of these regulations on equality is very unlikely. Moreover, the legislation and policy has been developed to mitigate the risks and consequences of any adverse impacts, should they occur. Positive impact in relation to equalities, beyond the protection of an individual's human rights, is also unlikely.
  3. In line with the Welsh Assembly, screening and on the basis of the above, it is not considered that a detailed Equality Impact Assessment is required for these regulations.

Corporate/Service Objectives

  1. The appointment of Proper / Port Medical Officers ensures that all three Councils can continue to undertake the health protection role effectively and ensure highest levels of public protection for the respective local communities.

Policy Framework and Budget

  1. None.

Consultation (including Ward Member Consultation)

  1. None.

Relevant Scrutiny Committee

  1. TBD

Background Papers

The Public Health Act 1936

The Public Health (Control of Disease) Act 1984 (as amended)

The Public Health (Infectious Diseases) Regulations 1988,

The Public Health (Ships) Regulations 1979 as amended,

The Public Health (Aircraft) Regulations as amended,

The Public Health (International Trains) Regulations 1994,

The International Health Regulations 2005,

The Health Protection (Notification) (Wales) Regulations 2010,

The Health Protection (Local Authority Powers) (Wales) Regulations 2010

The Health Protection (Part 2 A Orders) (Wales) Regulations 2010

Contact Officer

Christina Roberts, Operational Manager Commercial Services

Officers Consulted

Head of Service, Bridgend County Borough Council

Assistant Director, City of Cardiff Council

Director of Environment and Housing Services

Legal Services, Vale of Glamorgan Council

Accountant, Vale of Glamorgan Council

Responsible Officer:

Dave Holland, Head of Shared Regulatory Services

 

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