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26
Removal of In-firm and Diseased Persotts in Certain Cases.
Section 28 of the London County Council (General Powers)
Act, 1928, provides for the removal of aged, infirm, or diseased
persons, to a suitable institution, hospital, or other suitable
place, on the certificate of the Medical Officer of Health. They
may be detained, and maintained there for a period not exceeding
three months, or such further period as may be determined
by further orders. The penalty for obstructing such an order
is not exceeding £10.
The Medical Officer of Health certifies in writing that the
person
(a) Is aged, or infirm, or physically incapacitated, and
resides in premises in the district which are insanitary
owing to any neglect on the part of the
occupier thereof, or under insanitary conditions; or
(b) Is suffering from any grave chronic disease;
and that such person is unable to devote to himself, or to receive
trom persons with whom he resides, proper care and attention,
and that thorough enquiry and consideration have shown the
necessity in the interest of the health of such person, and for
preventing injury to the health o£, or serious nuisance to, other
persons, that he should be removed from the premises in which
he is residing. The Medical Officer of Health gives to any
person proposed to be removed under the provisions of this
Section, or to some person being in charge of such person, three
clear days' notice of his intention to make an application to a
Petty Sessional Court.
The Medical Officer of Health gives three clear days' notice
to the Guardians before making any application under this subsection.
The consent, in writing, of the Guardians fc necessary
before the persons are received, or retained, in a Poor LawHospital,
and the Guardians are entitled to appear before a
Petty Sessional Court to be heard upon the application. The
Medical Officer of Health makes application to a Petty Sessional
Court and tenders oral proof of the allegation in his certificate.