Public Health (Infectious Diseases) Regulations 1985

Public Health (Infectious Diseases) Regulations 1985

Statutory Instrument
Parliament of the United Kingdom
Citation	SI 1985/434
Introduced by	Kenneth Clarke, Department of Health and Social Security [1]
Dates
Made	19 March 1985
Laid before Parliament	21 March 1985
Commencement	22 March 1985
Revoked	1 October 1988
Other legislation
Made under	Public Health (Control of Disease) Act 1984
Revoked by	Public Health (Infectious Diseases) Regulations 1988
Status: Revoked
Text of statute as originally enacted

The Public Health (Infectious Diseases) Regulations 1985 (SI 1985/434) was a statutory instrument of the United Kingdom which extended certain parts of the Public Health (Control of Disease) Act 1984 regarding notifiable diseases to AIDS. Therefore although AIDS was not classified as a notifiable disease, many of the powers which may be exercised in relation to notifiable diseases were also allowed in dealing with AIDS patients. ^[2] The instrument was laid before Parliament on 21 March 1985, and came into effect the next day. ^[3] It was revoked by the Public Health (Infectious Diseases) Regulations 1988 (SI 1988/1546). ^[4]

Provisions

The provisions of the instrument include:

• Applying certain public health powers used for notifiable diseases to AIDS. This allowed patients with AIDS to be subject to compulsory medical examination, removal to and detention in a hospital upon order by a justice of the peace (if necessary ex parte). It also extended regulations on the disposal of the body of someone who had died of AIDS. ^[3]
• Section 38 of the Public Health (Control of Disease) Act 1984 (regarding detention in hospital) was extended in order to allow for detention if a justice of the peace thought that a patient would not take proper precautions to prevent the spread of AIDS in a wider sense than in the original act. ^[5]

Use

Health minister Kenneth Clarke did not make AIDS a notifiable disease because of fears it would deter people from getting tested; ^[1] Clarke said the regulations were "intended for use in very exceptional circumstances only". ^[6] The powers under this instrument were only used once, in Manchester in September 1985. ^{[2] [7]} A man was detained under the powers of Section 38 because he was "bleeding copiously" while attempting to discharge himself. The order was made after a five minute hearing, ^[8] due to the risk of transmission through the man's blood. He was detained for three weeks at Monsall Hospital but the order was reversed after ten days on appeal, ^[9] after the man's condition had improved and Manchester City Council, who had asked for the original order, were satisfied that there was no justification for the man to continue to be detained. Justice Russell, who heard the appeal, noted that the original order was proper given the evidence before the magistrates at the time. ^{[10] [11]}

In popular culture

The instrument is mentioned in the British television drama It's A Sin, after one of the characters is detained because he has AIDS. ^[12] He is released after his lawyer shows the order is null and void as it is made under the original 1984 act, not the powers in the 1985 regulations. ^[13]

See also

• HIV/AIDS in the United Kingdom

References

1. Andrew Veitch (22 March 1985). "Suspects face tighter controls". The Guardian . p. 2. Archived from the original on 2 August 2025. Retrieved 2 August 2025– via Newspapers.com.
2. "Public Health (Infectious Diseases) Regulations 1985". Europach. Retrieved 24 February 2021.
3. "The Public Health (Infectious Diseases) Regulations 1985" (PDF). Legislation.gov.uk . p. 1. Retrieved 24 February 2021.
4. "The Public Health (Infectious Diseases) Regulations 1988 - Schedule 5". Legislation.gov.uk . Retrieved 19 December 2024.
5. "The Public Health (Infectious Diseases) Regulations 1985" (PDF). Legislation.gov.uk . p. 2. Retrieved 24 February 2021.
6. Jeremy Bennington (22 March 1985). "New rules on AIDS victims". The Journal . p. 1. Archived from the original on 2 August 2025. Retrieved 2 August 2025– via Newspapers.com.
7. Emily Jay Nicholls; Marsha Rosengarten, eds. (2019). "Witness Seminar: The Criminalisation of HIV Transmission in the UK" (PDF). Goldsmiths University . EUROPACH. p. 22. Retrieved 2 August 2025.
8. "AIDS victim ordered confined under new law". UPI . 15 September 1985. Retrieved 24 February 2021.
9. Russell T Davies (3 January 2021). "Russell T Davies: 'I looked away for years. Finally, I have put Aids at the centre of a drama'". The Guardian . Retrieved 24 February 2021.
10. Marlene C. McGuirl; Robert N. Gee (1985). "AIDS: An Overview of the British, Australian, and American Responses". Hofstra Law Review . 14 (1): 111–112. Retrieved 24 February 2021.
11. "Detaining patients with AIDS" (PDF). British Medical Journal . 291 (6502): 1102. 19 October 1985. doi:10.1136/bmj.291.6502.1102. PMC   1417022 . PMID   3931813 . Retrieved 24 February 2021.
12. Flora Carr (23 January 2021). "It's A Sin episode three recap: The history behind the show's shock death". Radio Times . Retrieved 24 February 2021.
13. Izzy Schifano (5 February 2021). "Is It's A Sin episode three based on real life? The true story of the It's A Sin lawyer". The Tab . Retrieved 17 June 2024.