21A. Certain persons not to act in manner likely to spread disease

A person (A) who knows, or has reason to suspect, that he or she is a case or carrier or contact of, or knows of the existence of facts by which he or she is deemed under section 27 to be infected with, a disease set out in the Second Schedule must not expose other persons to the risk of infection by his or her presence or conduct in any public place or any other place used in common by persons other than the members of his or her own family or household.

A person having the care of A must not cause or permit A to expose other persons to the risk of infection by A’s presence or conduct in any place mentioned in subsection (1).

A must not deliberately or recklessly put another person in A’s own place of residence at risk of infection by A’s conduct, or by A refusing to isolate himself or herself or take reasonable precautions against exposing that other person to the risk of infection.

A person must not lend, sell, transmit or expose, without previous disinfection, any clothing, bedding or rags which he or she knows to have been exposed to infection from a disease set out in the Second Schedule, or any other article which he or she knows to have been so exposed and which is liable to carry such infection.

Any person who contravenes subsection (1), (2), (2A) or (3) shall be guilty of an offence.

In proceedings for an offence under subsection (4) for contravening subsection (1) or (2), it is a defence for the accused to prove, on a balance of probabilities, that the accused’s presence or conduct in the place mentioned in subsection (1) or (2), as the case may be —

Where the Director-General of Health has designated a hospital or other place for the treatment of any disease set out in the Second Schedule, subsection (5)(a) applies only in relation to the obtaining of medical treatment at the designated hospital or place for that disease.

In proceedings for an offence under subsection (4) for contravening subsection (2A), it is a defence for the accused to prove, on a balance of probabilities, that the accused’s conduct or refusal to isolate himself or herself or take reasonable precautions against exposing persons to the risk of infection in the place mentioned in subsection (2A) —

A person shall not incur any liability for contravening subsection (3) by transmitting with proper precautions any article for the purpose of having it disinfected.