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20
PREVALENCE AND CONTROL OF INFECTIOUS AND
CONTAGIOUS DISEASES
PAYMENT OF COMPENSATION. In connection with the control of infectious
disease, difficulties do from time to time arise in regard to payment of
compensation where it is necessary to exclude a carrier or contact from work
Up to the time of the coming into operation of SECTION 26 of the LONDON
COUNTY COUNCIL (GENERAL POWERS) ACT. 1959, the only authority for paying
compensation was contained in the following Regulations:-
(a) THE PUBLIC HEALTH (INFECTIOUS DISEASES) REGULATIONS, 1953. Part III
of these Regulations deals with carriers of or sufferers from typhoid fever, paratyphoid
fever or other salmonella infection, or dysentery, or staphylococcal
infection likely to cause food poisoning. The local authority may by notice
require such persons to discontinue or to refrain from engaging in any occupation
connected with the preparation and handling of food or drink for human
consumption, but the Regulations do not cover contacts of persons suffering
from these diseases In Hackney the Medical Officer of Health has been given
the necessary authority to issue any such notices on behalf of the Council
Section 278 of the Public Health Act, 1936 has been extended to cover payment
of compensation for loss of earnings in the cases referred to.
(b) THE MILK AND DAIRIES (GENERAL) REGULATIONS, 1959. Regulation 19
deals with persons having access to the milk or to the churns or other milk
receptacles, in or about any registered premises who are contacts, carriers of, or
sufferers from any disease likely to cause infection of milk The Medical
Officer of Health may require any such person to refrain from milking cows or
handling vessels used to contain milk or in any way taking any part in the
production, processing, distribution or storage of milk Where the person
himself is not in default he shall be entitled to compensation from the local
authority for any loss or damage sustained.
(c) Under the NATIONAL INSURANCE (UNEMPLOYMENT AND SICKNESS BENEFIT)
REGULATIONS, 1948 a person paying the normal insurance contributions may be
excluded from work on a certificate from the Medical Officer of Health of a
local authority that he is under medical observation by reason of his being
a carrier or having been in contact with a case of infectious disease in
circumstances which make it advisable to exclude him from work: in such a
case the person concerned is entitled to sickness benefit.
(d) LONDON COUNTY COUNCIL (GENERAL POWERS) ACT, 1959, SECTION 26. In
September, 1957 the Medical Officer of Health reported details of the case of a
direct contact of smallpox where the woman in question would have suffered a
total loss of income because she was not entitled to National Health Insurance
benefit; in this particular case the Minister of Housing and Local Government
authorised the payment of compensation under Section 228(1) of the Local
Government Act, 1933 The Public Health Committee, at this meeting, decided
to make representations on the matter to the Metropolitan Boroughs' Standing
Joint Committee, and the ultimate result was the inclusion of Section 26 in the
London County Council (General Powers) Act, 1959- This Section reads as
follows:-
"If with a view to preventing the spread of -
(a) a notifiable infectious disease; or
(b) a disease as respects which provision is for the time being made in
the borough in or by virtue of regulations made under section 143 of
the Public Health Act, 1936; or
(c) a disease to which subsection (1) of section 23 of the Food and
Drugs Act, 1955 applies;