Just fired this off to the council:
Thank you for the response to the FOI request TWC-55243 but your answers are incorrect and are not in line with the legislation so the Council needs to address this serious matter.
Q – The name of the “proper person” that is designated for this role.
A – Public Health England (PHE) not the Local Authority.
Under the Public Health (Control of Disease) Act 1984 that the original question from myself was in relation to, Public Health England is NOT responsible for enforcement, it clearly states in many places “The local authority shall give notice” not Public Health England or “On the application of the proper officer of the local authority for any district”
Questions 2 and 3 have the same answer.
Q – How many notices has this person issued. Q – The names of the Justices of the Peace who countersigned the notices.
A – In response to questions 2 and 3; we do not hold this information as PHE is the proper officer.
Under the Public Health (Control of Disease) Act 1984 that the original question from myself was in relation to Public Health England is NOT responsible for enforcement, it clearly states:
PART IAdministrative ProvisionsGeneral administration1Authorities administering Act(1) Subject to subsection (4) below, it shall be the duty of each of the following authorities— (a) a district council, (b) a London borough council, (c) the Common Council of the City of London, and (d) the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple,
to carry this Act into execution in their district.
(2) In this Act, except where it is otherwise expressly provided, ” local authority ” means an authority mentioned in subsection (1) above.
It also states in more than one place “If a justice of the peace (acting, if he deems it necessary, ex parte) is satisfied, on a written certificate issued by a registered medical practitioner nominated by the local authority for a district”.
Q – The actual reliable and accurate test used to confirm the individual or premises is infected or contaminated with the disease as stated.
A – Antigen PCR test.
I can not find anything called an Antigen PCR test doing internet searches. There is a test called a PCR test and a test called an Antigen test and they are different so you have given me an answer that states you use a test that in effect cannot be proved to exist using the name you have called it.
So which test do you use?
It is clear that the onus for enforcing the Public Health (Control of Disease) Act 1984 and following all protocls as required for isolating individuals, closing or restricting premises, serving notices and paying compensation does not reside with Public Health England but quite clearly with “local authorities”.
Can you please explain your original answers with the above in mind?
I look forward to your reply with clarifications.