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PUBLIC HEALTH ACT 1984
https://www.legislation.gov.uk/ukpga/1984/22/contents
45D Restrictions on power to make regulations under section 45C
(1)Regulations under section 45C may not include provision imposing a restriction or requirement by virtue of subsection (3)(c) of that section unless the appropriate Minister considers, when making the regulations, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.
(2)Regulations under section 45C may not include provision enabling the imposition of a restriction or requirement by virtue of subsection (3)(c) of that section unless the regulations provide that a decision to impose such a restriction or requirement may only be taken if the person taking it considers, when taking the decision, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.
(3)Regulations under section 45C may not include provision imposing a special restriction or requirement mentioned in section 45G(2)(a), (b), (c) or (d).(4)Regulations under section 45C may not include provision enabling the imposition of a special restriction or requirement unless—(a)the regulations are made in response to a serious and imminent threat to public health, or
(b)imposition of the restriction or requirement is expressed to be contingent on there being such a threat at the time when it is imposed.
**
45F Health protection regulations: supplementary**
(5)Health protection regulations may not create an offence triable on indictment or punishable with—
(a)imprisonment,
[NOTICE THE STRAW-MAN "P" FOR "PERSONA"....]
45GPower to order health measures in relation to persons
(1)A justice of the peace may make an order under subsection
(2) in relation to a person (“P”) if the justice is satisfied that—
(a)P is or may be infected or contaminated,
(b)the infection or contamination is one which presents or could present significant harm to human health,
(c)there is a risk that P might infect or contaminate others, and
(d)it is necessary to make the order in order to remove or reduce that risk.
*[probably worth reading all the in-between but ill skip to the section that cv2020 act draws its power from...]
45R Emergency procedure
(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. ]
*[here is what i find interesting as from what i interpret this means that Magna Carta holds this down...]
72 Cumulative effect of Act.
All powers and duties conferred or imposed [F1by or under this Act] shall be deemed to be in addition to, and not in derogation of, any other powers and duties conferred or imposed by Act, law or custom ; and, subject to any repeal effected by, or other express provision of, this Act, all such other powers and duties may be exercised, and shall be performed, in the same manner as if this Act had not been passed.
The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020
https://www.legislation.gov.uk/uksi/2020/350/contents
Regulations made by the Secretary of State, laid before Parliament under section 45R of the Public Health (Control of Disease) Act 1984 (c. 22), for approval by resolution of each House of Parliament within twenty-eight days beginning with the day on which the instrument is made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days. The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 45C(1), (3)(c), (4)(d), 45F(2) and 45P of the Public Health (Control of Disease) Act 1984(1).
These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) in England.
The Secretary of State considers that the restrictions and requirements imposed by these Regulations are proportionate to what they seek to achieve, which is a public health response to that threat.
In accordance with section 45R of that Act the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, each House of Parliament.
**High consequence infectious diseases (HCID) **
https://www.gov.uk/guidance/high-consequence-infectious-diseases-hcid#status-of-covid-19
Status of COVID-19
As of 19 March 2020, COVID-19 is no longer considered to be a high consequence infectious disease (HCID) in the UK. There are many diseases which can cause serious illness which are not classified as HCIDs.
The 4 nations public health HCID group made an interim recommendation in January 2020 to classify COVID-19 as an HCID. This was based on consideration of the UK HCID criteria about the virus and the disease with information available during the early stages of the outbreak. Now that more is known about COVID-19, the public health bodies in the UK have reviewed the most up to date information about COVID-19 against the UK HCID criteria. They have determined that several features have now changed; in particular, more information is available about mortality rates (low overall), and there is now greater clinical awareness and a specific and sensitive laboratory test, the availability of which continues to increase.
The Advisory Committee on Dangerous Pathogens (ACDP) is also of the opinion that COVID-19 should no longer be classified as an HCID.
NEALE V. DPP
https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations
**
RICE V. CONOLLY**
https://en.wikipedia.org/wiki/Rice_v_Connolly
Treaty of Universal Community Trust
https://www.universal-community-trust.org/uct-treaty/
Magna Carta, 1215
ARTICLE 61. LAWFUL REBELLION
https://www.nationalarchives.gov.uk/education/resources/magna-carta/british-library-magna-carta-1215-runnymede/
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