The Public Health Act, No. 17 of 2023

1. Interpretation. : PART II[- PUBLIC HEALTH SYSTEM ADMINISTRATION Ministry. WP RENIAMRwWN Local Councils. District Health Area, Chief Medical Officer. Deputy Chief Medical Officer(Public Health) Deputy Chief Medical Officer(Clinical Services) Health Officers. District Medical Officers.

10. Public Health Superintendents. Il. Public Health Inspectors. 12, National Public Health Agency.

13. Public Health Emergency Response Fund. PART IIl- HEALTH AREAS, HEALTH AUTHORITIES AND ENDEMIC CONTROL AUTHORITIES

14. Minister may declare Health Area. 15; Minister may appoint Health Authorities.

16. Transfer of functions of defaulting Health Authority.

17. Minister may declare Endemic Control Area.

18. Minister may appoint Endemic Control Authority. PARTIV-NUISANCES, OFFENSIVE AND INSANITARY CONDUCT OR ACTIVITY

19. Inspection of Health Area for statutory nuisance.

20. Issue of Intimation Notice of statutory nuisance.

21. Service of Abatement Notice.

22. Court may issue Nuisance Order. i No. 17 The Public Health Act

23. Individual may make complaint of statutory nuisance.

24. Offensive or insanitary activity or conduct. PARTV -PREVENTION, NOTIFICATION AND TREATMENT OF DISEASE

25. Prevention of disease.

26. Occupant of premises to give notice of notifiable disease.

27. Medical practitioner or traditional healer to give notice of notifiable disease. 28, Declaration of infected areas and evacuation. 29, Prohibition of entry to, and exit from, infected area.

30. Post mortem examination of death by notifiable disease or unknown cause.

31. Power to perform diagnostic tests.

32. Health Officer may mark premises of notifiable disease.

33. Destruction of animal vector.

34. Compulsory isolation of person suffering from notifiable disease.

35. Temporary Isolation accommodation.

36. Surveillance, isolation of persons.

37. Evacuation, disinfection, etc., of infected premises.

38. Penalty for letting house in which infeciec oersons had been lodging.

39. Penalty for exposure of infected persons or things.

40. Infected persons in public places.

41. Disinfection of public places.

42. Apprehension of persons suffering from a notifiable disease.

43. Compensation. PART VI- BURIALS AND BURIAL GROUNDS 44, Burial of corpses.

45. Re-opening of graves.

46. Functions of Health Officer at re-opening of graves.

47. Closing of cemeteries.

48. Time limit for burials. 49, Burial where corpse is a danger.

50. Removal of body of person dying in hospital of notifiable disease.

51. Prohibition cf unnecessary contact with body of person dying from notifiable disease.

52. Burial ofstill-born.

53. Cremation.

54. Register of burials. No. 17 The Public Health Act 2023 PART VII - DRAINAGE, SANITATION, WATER SUPPLIES AND HOUSING 55, Construction of public drains.

36. Interference with drains.

57. Responsibility to clean and empty drains.

58. Discharge of private drains into public drains.

59. Notice of intended construction of private drains in certain Health Areas. 60, Construction of private drains.

61. Health Authority may require provision for drainage to be made.

62. Defective drains, eic., in Urban Health Areas.

63. Sanitary services in Health Areas

64. Provision in Health Areas of places for deposit of refuse.

65. Prohibition of interference with refuse deposited for removal.

66. Public toilets.

67. Water supply.

68. Protection of public from polluted water.

69. Penalty for damaging or contaminating water supply.

70. Water- gathering areas. ‘

71. Control of wells.

72. Declaration of overcrowded areas,

73. Publication of schedule of overcrowded areas.

74. Powers of Health Officer inspecting over-crowded areas.

75. Overcrowded dwelling house.

76. Notice to abate over-crowding.

77. Penalties for failing to abate over-crowding. PART VII - FILTHY OR VERN «NOUS PREMISES, ARTICLES AND PERSONS

78. Cleaning of filthy or verminous premises.

79. Cleansing or destruction of filthy or verminous articles.

80. Cleansing of verminous persons and their clothing. PART IX - FOOD, SLAUGHTERHOUSES AND MARKETS

81. Sale, etc. of unsound food prohibited. Examination, seizure and removal of unsound food.

83. Notification of cases of food poisoning or food borne illnesses. Notice of suspected food poisoning or food borne illnesses

85. Power to take food sampie. Public slaughter- houses.

87. Slaughter of animals for human consumption. iv No. 17 The Public Health Act 2023 * Public markets.

89. Sale of meat and fish. Inspection of meat. PART X-PROCEDURE AND G ENERAL OL. Powers of entry. Vessels and aircrafts.

93. Police Officer to give information. Health Officer to have powers of police officer.

95. Penalty for obstructing execution of Act, etc. Proceedings for offences, expenses, etc. Surplus of distress to be returned.

98. Distress not unlawful for want of form of warrant. Proceedings for fines, etc. to be taken within 6 months. 100. Procedure.

101. Recovery of expenses from owner and occupier.

102. HealthAuthority may institute prdceedings.

103. Protection from personal liability of Health Authorities and officers.

104. Appeals.

105. Authentication of notices.

106. Service of notices.

107. Forms.

108. Expenses of Health Authority.

109. Regulations.

110. Repeal and savings.

111. Transitional provisions. SCHEDULES SicNnep this 21st day of March, 2023. DR. JULIUS MAADA BIO, President. ‘ © No. 17 2023 Sierra Leone Short title. THE PUBLIC HEALTH ACT, 2022 Being an Act to repeal and replace the Public Health Act, 1960, to provide for the promotion, protection and improvement of public health and wellbeing in Sierra Leone, to provide for the protection of individuals and communities from public health risks, to provide for the prevention and control of the spread of infectious diseases, to provide for local government and community participation in ta protecting public health, to provide for early detection of and prompt response to diseases and public health threats and to provide for other related matiers. Date of com- [ ] mencement. ENACTED by the President and Members of Parliament in this present Parliament assembled. 2 No. 17 The Public Health Act 2023 PART I—PRELIMINARY Interpretation. 1. In this Act, unless the context otherwise requires- "Board" means the National Public Health Agency Board referred to in section 12; "building" includes any structure whatsoever for whatever purpose used; "burial" means burial in earth, or any other form of grave, or cremation or any other mode of disposal of a dead body; "carcass" includes any part of a cadaver; "Chief Medical Officer" means the person appointed under section 5; "child" means a person less than 18 years of age; "communicable disease" means an illness or disease resulting from an infection due to pathogenic agents or toxins, following the direct or indirect transmission of the agent from the source to the host; "food or article of food" means a substance whether processed, semi processed or raw; which is intended for human consumption and includes an animal product, fish, fruit, vegetables, additives, condiments, confectionery, beverages, water and other article or thing other than drugs and tobacco in a form, state or stage of preparation; "food animal" means a mammal or bird declared by the Minister, by notice in the Gazette, to be a food animal to which this Act applies; No. 17 The Public Health Act 2023 "Fund" means the Public Health Emergency Response Fund established under section 13; "health area" means an area designated by the Minister to be a health area for public health services; "Health Authority" means the Health Authority appointed for a health area under section 15, and, in an area which has not been declared to be a Health Area, and also the District Medical Officer for that area; "Health Officer" includes a District Medical Officer, Medical Officer, Medical Superintendent, Public Health Superintendent and Public Health Inspector; "infectious disease" means a communicable disease caused by pathogenic microorganisms, such as bacteria, viruses, parasites or fungi that can be spread, directly or indirectly, from one person to another; "local council" means a local council established under paragraph (c) of subsection (2) of section 2 of the Local Government Act, 2004 (Act No. 1 of 2004); "locality" means the administrative area of a local council and includes a district, town, city or metropolis; "meat" means a portion of an animal which is intended for human consumption, whether fresh, chilled, frozen or otherwise processed by any means whatsoever or included in any article of food for human consumption; No. 17 The Public Health Act 2023 "Medical Officer" means a Medical Officer appointed by the Sierra Leone Heaith Service Commission; "medical practitioner" means a person who is registered as such urider the Medical and Dental Surgeons Act, 1994 (Act No 12 of 1994); "medical officer of health" means- (a) the Chief Medical Officer; (b) the Deputy Chief Medical Officer; (c) the public health officer, appointed or seconded to a health area; "medical officer" ‘means a medical practitioner in public service: "Minister" means the Minister responsible for health and sanitation and Ministry shall be construed accordingly; "non-communicable disease” means a disease which is not contagious or passed from person to person, "notifiable" in relation to disease, means a disease for which notification is required under this Act; "occupier" in relation to a premise, means a person - (a) in actual occupation of the premises; (b) legally entitled to occupy the premises; or (c) having the charge or management of the premises and includes the agent of such person when he is absent from Sierra Leone or his whereabouts are unknown; No. 17 The Public Health Act 2023 5 "owner" in relation to a premises, means- (a) the person in whose name the title to the premises is registered; or (b) if such person or holder is dead, insolvent, mentally disordered or defective or a minor or under a legal disability, the person in whom the administration ofthat person's or holder's estate is vested, whether as executor, guardian or in any other capacity whatsoever; or (c) ifthe premises is under lease, the registration whereof is in law necessary for the validity of such lease, the lessee; when the owner as herein defined is absent from Sierra Leone or his whereabouts are unknown, owner includes an agent of the owner or a person receiving or entitled to receive rent in respect of the premises; "place of isolation" means a special hospital or premises or portion thereof set apart and used solely for the admission and accommodation of persons suffering from infectious disease; "point of entry" means a geographical point of entrance or official gateway to a country; "premises" means a buiiding or part of a building usually with its land and outbuildings; “public health risks" means - . No. 17 The Public Health Act 2023 (a) ananimal, structure, substance or other thing or conduct that - (i) is, or is likely to become, a breeding ground or source of food for designated organisms ; or (i) harbours, or is likely to become something that harbours, designated organisms; (b) asubstance, organism or any other thing that is, or is likely to be, hazardous to human health, that contributes to, or is likely to contribute to communicable or non- communicable disease in humans or the transmission of an infectious condition to humans; "rural district" in relation to a rural local authority, means an area outside an urban district which is ty, under the jurisdiction of that rural local authori meanin g; and "rural area" has a corresponding "sanitary convenience” includes toilet, urinal, water- closet, aqua-privy, earth-closet, pit-closet, borehole- to toilet or chemical-closet or other device intended be used for the disposal of human waste; means the "Sierra Leone Health Service Commission" Sierra Leone Health Service Commission established by section 2 of the Sierra Leone Health Service Commission Act, 2011(Act No. 5 of 2011); "traditional medicine" means sum total of knowledge, skills and practices of an indigenous culture, developed and handed down from generation to No. 17 The Public Health Act 2023 generation, recognised and accepted by the community for the maintenance of health and the treatment of diseases; "traditional healer" means a duly registered person by the Ministry responsible for health who has knowledge, skills and practices on traditional medicine and also include herbalists; "urban district" in relation to an urban local authority, means the area under the jurisdiction of that urban local authority, and "urban area" has a corresponding meaning. PART II- PUBLIC HEALTH SYSTEM ADMINISTRATION

2. The Ministry shall be responsible to - Ministry (a) improve, promote and safeguard public health in Sierra Leone; (b) provide technical guidance to local councils and monitor performance in their functions; (c) monitor and evaluate the effective functioning of the public health system; oO (d) develop a national health management information system; (e) provide guidelines for all public health facilities; No. 17 The Public Health Act 2023 9 investigate complaints by duty bearers concerning public health service provision under this Act and ensure that timely and appropriate processing of such complaints ina just and fair manner is undertaken and decisions made in the best interest of the public; (g) prevent and guard against the introduction of disease within and from outside Sierra Leone; (h) supervise and coordinate the efficient and effective mobilisation, allocation and distribution of resources to the public health system; @ coordinate and ensure that donor interventions strengthen and do not undermine local capacity or result in fragmentation; @ prepare and publish reports and statistical and other information pertaining to public health; &) cooperate and collaborate with other Ministries, departments and agencies of government in the event of a public health o emergency or disaster; a collaborate and coordinate with other Ministries, departments and agencies of government, national and international organisations on matters of public health; and (m) generally to administer this Act. No. 17 The Public Health Act 2023 (1) A Local Council shall be responsible for - Local

3. Councils. (a) promotion of community involvement in health issues and providing information, education and communication to promote healthy lifestyles in the locality; (b) environmental health care within its locality including, preventing the occurrence of health nuisance, unhygienic, offensive or insanitary condition or other condition which could be harmful or dangerous to human health; ©) provision and protection of access to safe drinking water, control food quality and safety, adequate drainage, sewage and solid waste disposal services, adequate vector control measures; (d) primary health care including the prevention, surveillance and control of communicable and non-communicable disease, protection of the environment and promotion of health; ©) procurement of equipment and medicines; @ preventing the occurrence or dealing with the oO outbreak or prevalence of infectious, communicable, non-communicable or contagious diseases; (g) preventing the pollution of water intended forhuman and animal consumption irrespective of whether the water is obtained out of its locality; and (h) any other function assigned to it by the Minister under this Act or any other jaw. 10 No. 17 The Public Health Act 2023 (2) A local council shall, for the effective performance of its functions under subsection (1), - (a) cause its locality or health area or a part thereof to be inspected, from time to time, by health officers; and (b) appoint health committees which shall be responsible for supervising and monitoring the execution of its functions within the . locality. (3) The Minister may, on the advice of the ChiefMedical Officer and in consultation with the Minister for Local Government, delegate any of the functions of the Ministry to a local council. District 4. The Minister shall, on the advice of the Chief Medical ae Officer, from time to time, divide Sierra Leone into as many District ‘ Health Areas as he may consider expedient for the effective - administration of this Act. Chief 5. (1) There shall be a Chief Medical Officer of the Ministry oe who shall be appointed by the President on the recommendation of the Sierra Leone Health Service Commission in consultation with the Minister. (2) Aperson shall not be eligible for appointment as Chief Medical Officer under subsection (1), unless he - (a) is fully qualified for registration as a medical practitioner under the Medical Practitioners and Dental Surgeons Act, 1994 (Act No. 12 of 1994); and , (b) holds a post graduate qualification in public health. No. 17 The Public Health Act 2023 ll (3) The Chief Medical Officer shall be responsible to- (a) advice the Minister in the formulation of health policies and strategies; (b) integrate considerations of health and well- “being in the development, implementation and evaluation of Government policies and services: () collaborate with the health authorities of other countries and with regional and international bodies in the field of public health; (¢) strengthen inter-sectorial collaboration on public health issues; (e) prepare and publish reports, statistical data or other information on health care in Sierra Leone; () obtain and publish periodically, information on infectious diseases and other health matters including information on epidemic diseases in territories adjacent to Sierra Leone or in other countries as may be required in the interest of public health; (g) prepare and submit a report on the state of public health in Sierra Leone, identifying issues, gaps and challenges affecting public health, to the Minister, for laying in Parliament, not later than 6 months after the end af the year. 2 No. 17 The Public Health Act 2023 Deputy Chief 6. () There shall be a Deputy Chief Medical Officer in the Medical Officer of Ministry of Health who shall be appointed by the President on the Public recommendation of the Sierra Leone Health Service Commission in Health. consultation with the Minister. (2) A person shall not be eligible for appointment as Deputy Chief Medical Officer of Public Health under subsection (1), unless he has relevant medical training and significant experience in public health in both urban and rural areas. (3) The Deputy Chief Medical Officer (Public Health) shall deputise the Chief Medical Officer on all matters related to public health.

7. () There shall be a Deputy Chief Medical Officer of Deputy Chief Medical Clinical Services in the Ministry of Health who shall be appointed by Officer of the President on the recommendation of the'Sierra Leone Health Clinical Services. Service Commission in consultation with the Minister. (2) A person shall not be eligible for appointment as Deputy Chief Medical Officer (Clinical Services) under subsection (1), unless he has relevant medical training and significant experience in clinical services in both urban and rural areas. (3) The Deputy Chief Medical Officer (Clinical Services) shall deputise the Chief Medical Officer on all matters related to clinical services. Health 8. (1) The ChiefMedical Officer shall deploy Health Officers Officers. to Health Areas in Sierra Leone. (2) A Medical Officer appointed under subsection (1) shall be responsible to supervise the Health Officers employed by or seconded to the Health Authority of that area and shall ensure that all the duties imposed upon Health Authorities are duly performed by the Health Authority. No. 17 The Public Health Act 2023 13 (3) The Minister may, on the recommendation of the Chief Medical Officer, prescribe the qualifications to be held and the duties to be performed by Health Officers.

9. (1) The Chief Medical Officer shall deploy a Medical District Officer who shall be referred to as District Medical Officer, to head a a District Health Area. - (2) A person shall not be deployed as a District Medical Officer under subsection (1) unless he holds a post graduate diploma in public health, public health science or other similar qualification. (3) A District Medical Officer shall, within the district and under the direction of the Chief Medical Officer, - (a) supervise, advise and direct Medical Officers and other Health Officers; (b) advise Health Authorities on all matters affecting public health; (c) pay regular visits to Health Areas and other areas within the district; (d) perform all other duties imposed upon him by this Act.

10. A Health Authority shall have Public Health Public Superintendents to carry out the relevant provisions of this Act Soe eae under the supervision of a District Medical Officer."

11. A Health Authority shall have Public Health Inspectors to haved carry out the relevant provisions of this Act supervised by Public Inspectors, health Superintendents under the direction of the District Medical Officers. 14 No. 17 The Public Health Act 2023 National 12. (1) ‘There shall continue in existence the Directorate of Health Public. Health Securities and Emergency in the Ministry, which shall be a Agency. body corporate, to be known as the National Public Health Agency. (2)The National Public Health Agency sha!l be governed by a Board consisting of a Chairman, appointed by the President upon the recommendation of the Minister, from among persons of the highest calibre of personal integrity and demonstrated professional knowledge and experience in public health and matters related to the functions of the Agency, subject to the approval of Parliament and the following other members - (a) the Chief Medical Officer; (b) the Permanent Secretary; (c) the Financial Secretary, (d) 4 persons with professional knowledge and each having not less than 10 years' experience respectively in - (i) pandemic preparedness and response; (ii) veterinary, wildlife and livestock; (iii) environment; (iv) finance and administration; and (v) human resource management. (e) the Executive Director of the Agency who will serve as Secretary to the Board and a non- voting member. No. 17 The Public Health Act 2623 15 (3) The Agency shali be responsible to - (a) protect the public from public health hazards; (b) predict, plan for and prevent endemic public health problems; {c) prepare and respond to public health emergencies; (d) predict, prevent, detect, respond and control disease in a timely manner; (e) strengthen and upgrade the public health system at national, regional and local government level; 9 conduct research, collect, collate and analyze data to better public health challenges and come up with answers to public health problems; (g) direct and coordinate all groups of actors in a public health emergency; and (h) ensure that Sierra Leone is compliant with the International Health Regulations. (4) The Agency shali have an Executive Director, who shall be appointed by the President on the recommendation of the Minister subject to the approval of Parliament, from amongst persons of high integrity having qualifications not below a Master's Degree inPublic Health and at least 10 years’ experience in senior management position in the public health service. Public Health Act 2023 16 No. 17 The (5) The Agency shall establish such departments or Divisions headed by a Director appointed by the Board on the recommendation of the Executive Director, as may be necessary for the effective performance of its functions including, a Technical and Operational Services Department, Planning, Policy and Research Department, Finance and Administration Department and Internal Audit Department. (6) The Executive Director shall be responsible to the Board for - (a) the day-to-day administration and managem ent of the Agency; (b) overseeing the activities of the Departments or Divisions of the Agency; (c) the formulation and execution of operational policies, programmes and plans relating to the functions of the Agency as may be approved by the Board; (d) the supervision and discipline of other employees of the Agency; (e) preparing and submitting operational reports and plans; @ preparing the annual budget and the timely submission of financial reports; (g) preparing the agenda, recording and maintaining minutes of the meetings of the Board; ‘ (h) performing such other duties as the Board may determine. No. 17 The Public Health Act 2023 17 (7) The Board shall, on the recommendation of the Executive Director, - (a) appoint such other staff of the Agency, as may be necessary for the performance of the functions of the Agency, on such terms and conditions as the Board may determine; (b) engage the services of professionals, consultants or advisers as may be necessary for the performance of the functions of the Agency; (8) Public Officers may, at the instance of the Agency, be seconded or otherwise render assistance to the Authority but the Agency may request the withdrawal of seconded staff if unable to carry out the assigned functions in a manner satisfactory to the Agency. (9) The activities of the Agency shall be financed by funds consisting of - (a) monies appropriated by Parliament for the purposes of the Agency; and (b) grants, gifts or donations from persons or organisations for the purposes of the Agency.

13. (1) There is hereby established, a fund to be known as Public Health the Public Health Emergency Response Fund which shall be ring- fenced for public health emergency response. (2) The Fund shall be financed by subventions from Government; gifts, donations and grants from persons or organisations for the purposes of the fund and shall be applied exclusively for addressing public health emergency response. (3) The management of the Fund will be entrusted in a Board of Trustees which shall have powers to - 18 No. 17 The Public Health Act 2023 (a) maintain, manage or invest monies in the Fund; (b) act as trustees of monies or other property vested in the Fund. (4) The management of the Fund will be entrusted in a Board of Trustees comprising the Chairman of the Board, the Financial Secretary, the Chief Medical Officer, the Executive Director and one other member of the National Public Health Agency Board. (5) The exercise of the powers of the Board of Trustees under paragraph (2) shall be regulated and supervised by the Minister and for that purpose the Executive Director shall submit a plan of proposed activities for the approval of the Minister. PART III - HEALTH AREAS, HEALTH AUTHORITIES AND ENDEMIC CONTROL AUTHORITIES Minister may 14. (1) The Minister may, by statutory instrument, declare declare an area in Sierra Leone - health area. (a) under the jurisdiction ofa local council, to be an urban or a rural health area; (b) to be a labour health area; or (c) that is a port or a border point of entry, to be » a Port Health Area. A declaration made by the Minister under subsection - (2) (1), may be amended as he may deem necessary. cnet ine 15. (1) The Minister may, on the advice of the Chief Medical appoint Officer, appoint a person or body of persons to be the Health Authority Health — for a health Area: Provided that the National Public Health Agency Authorities. — shall be the Health Authority for a Port Health Area. No. 17 The Public Health Act 2023 19 @) A person shall not be appointed a Health Authority under subsection (1), unless he is - (a) asuitably qualified Medical Officer employed by the local council; or (b) -designated by the Minister, in the absence of a suitably qualified Medical Officer employed by the local council under paragraph (a), to serve as Health Authority. (3) A Health Authority appointed by the Minister under subsection (1) shall be responsible for the execution of relevant provisions of this Act in the health area for which has been appointed and in the case of the National Public Health Agency, it shall be responsible for the execution of relevant provisions of this Act in a Port Health Area.

16. (1) The Minister may transfer the functions of a Transfer of defaulting Health Authority to another person or body of persons ai and the expenses incurred in discharging those transferred functions: Health shall be a debt due from the defaulting health authority to that person Authority. or body of persons. (2) The Minister may by statutory instrument, make provision for the custody, control, ownership or disposal of property leased, held by or in the control of a Health Authority whose functions has been transferred to another person or body of persons under subsection (1).

17. (1) The Minister may, by statutory instrument, declare Minister may an area in Sierra Leone to b ¢ an Endemic En Control oniTo Area . Geclare Endemic Control Area. (2) A declaration made by the Minister under subse¢tion (1), may Area.be amended as he may deem necessary. Minister may _

18. (1) The Minister may, appoint a person or body of persons appoint to bethe Endemic Control Authority for a health Area. pus Authority. The Public Health Act 2023 20 No. 17 (2)A person or body of persons shall not be appointed an Endemic Control Authority under subsection (1), unless he is - (a) asuitably qualified Medical Officer empioyed by the local council; or (b) designated by the Minister, in the absence of a suitably qualified Medical Officer employed by the local council under paragraph (a), to serve as Endemic Control Authority. (3) An Endemic Control Authority appointed under subsection (1) shall - (a) be responsible for the notification, treatment and prevention of epidemic, endemic or infectious diseases including the construction of drainage and other works necessary for the control of endemic diseases or the elimination of insects or animal carriers of endemic diseases; (b) have such rights, powers and immunities conferred on Health Authorities and Health Officers under this Act, including powers of entry, recovery of expenses from owners and occupiers of property and protection from personal liability in the performance of their duties. RY PARTIV-NUISANCES, OFFENSIVE AND INSANITA CONDUCT OR ACTIV ITY

19. (1) AHealth Authority shall cause its Health Area4 to be Inspection of : ‘ Health Area ; : for the detect ion of statutory nuisances. for statutory inspected from time to time nuisance. No. 17 The Public Health Act 2023 1 (2) Conditions constituting statutory nuisance under subsection (1) include - (a) a premises.kept in such a state as to be prejudicial to health; (b) ~an animal or bird kept in such a place or manner as to be prejudicial to health; (c) an accumulation or deposit which is prejudicial to health; (d) dust or effluvia caused by trade, business, manufacture or process and being prejudicial to health; (e) a pool, ditch, gutter, sanitary convenience, cesspool, drain that is so foul as to be prejudicial to health; (f) acollection of water or water vessel found to’ contain eggs or larvae of mosquitoes or premises that is in such condition to cause thepropagation or harbouring of mosquitoes; and (g) a chimney emitting black smoke in such a quantity as to be prejudicial to health.

20. A Health Officer shall inform the Health Authority of Issue of statutory rs nuisance within his: Health Area and. immediately oe notify the Notice [timation of Notice of person responsible for the nuisance by issuing to that statutory person an Intimation Notice in the form specified in Form A in the nuisance. First Schedule. .

21. (1) Where a Health Authority is satisfied that a statutory Service of Abatement nuisance has occurred in its Health Area, it shall serve on - Peet The Public Health Act 2023 No. 17 (a) the person by whose act, defauit or tolerance, the nuisance arose or continues, or (b) the owner or occupier of the premises, if that person cannot be found, Form B in the First an Abatement Notice in the form specified in to execute such Schedule, requiring him to abate the nuisance and works and take such steps as may be necessary for that purpose. (2) Notwithstanding subsection (1), where - (a) nuisance arises from a structural defect, the Abatement Notice shall. be served on the owner of thepremises; (b) the person responsible for the nuisance cannot be found and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the owner or occupier of the premises, the Health Authority may do what it considers necessary to abate the nuisance and prevent a recurrence; (c) the eggs or larvae of mosquitoes are found l, a ina collection of water or water vesse nce Health Authority may abate the nuisa nable steps to immediately and take reaso prevent its recurrence; (d) there is an accumulation of noxious matter and the person responsible for the nuisance fails to comply with the terms ofan Intimation Notice, the Health Authority may remove the noxious matter and the costs of such removal shall be a debt due by that person to the Health Authority. No. 17 The Public Health Aet 2023 2B (3) The powers conferred on a Health Authority under of paragraph (d) of subsection (2) shall not apply to destruction crops, trees or plants grown for use or commer ce, unless a Medical Officer certifies that such destruction is urgently necessary to control an outbreak of disease or of an epidemic. Where it is proved that an abated nuisance is likely to issue Court may

22. (1) g recuron a premises, the Court may issue a Nuisance Order requirin Nuisance r of Oder, the person responsible for the nuisance or the owner or occupie of an the premises to comply with all or any of the requirements Abatement Notice or order the execution of any works to prevent recurrence of the nuisance and where the person responsible for the nuisance or the owner or occupier of the premises, cannot be found, the the Nuisance Order may be addressed to and executed by Health Authorit y. (2) A Nuisance Order issued under subsection (1), may a prohibit the use of a building where, in the opinion of the Court, ion, nuisance exists which renders the building unfit for human habitat until the Court is satisfied that it has been render ed fit for human habitation. (3) A person who fails, without reasonable excuse, to comply with or knowingly contravenes, a Nuisance Order under subsection (1), commits an offence and is liable toa fine not less than 5,000 Leones and toa further fine not less than 500 Leones for each day on which the offence continues.

23. Complaint of the existence of a statutory nuisance may be Individual may make made to the court by a person aggrieved by the nuisance, with like complaint incidents and consequences as to the making of orders, penalties for of statutory disobedience of orders and otherwise, as in the case of a complaint nuisance. by the Health Authority, but an order made in such proceedings may, if the court after giving the Health Authority an opportunity of being heard thinks fit, direct the Authority to abate the nuisance. 24 No. 17 The Public Health Act 2023 ic or 24. Apperson shall not carry out, in a Health Area, an activity or ar 2 eos . . activity . conduct which the Minister may, by statutory instrument prescribe conduct. as offensive or insanitary including - (a) littering a street or public place; (b) depositing waste or refuse outside public garbage dimmps or in any other place not approved by the Health Authority or local authority for that purpose; (c) deposit or cause to be deposited urine, excreta or any foul substance in a public place except a place approved for that purpose. Prevention PART V - PREVENTION, NOTIFICATION AND TREATMENT S OF DISEASE

25. (1) Ahealth officer, officer ofa port or marine department or a customs officer may - (a) enter and examine premises or vehicle; or (b) inoculate or vaccinate a person, for the purpose of executing or superintending the prevention (2) A person who obstructs a health officer in the execution of his duty under subsection (1) commits an offence and is liable to a fine not less than 5,000 Leones. Occupant of 26. (1) Where an occupant of a premises js suffering or permises to appears to be premises to suffering from a notifiable disease, as eek ie specified in the Second Schedule - disease. (a) the head of the family or household; (b) the person in charge of or attending the occupant; No. 17 The Public Health Act 2023 (c) the occupier of the premises; (d) any other person living in the premises; or (e) any person who is aware of, or has reasonable ground for suspecting that an occupant of a premises is suffering of a notifiable disease, shall inform the loca! authority, Health Officer, or District Medical Officer who shall without delay inform the Chief Medical Officer. (2) Aperson who willfully conceals which he has reason to believe is a notifiable disease commits an offence and is liable on conviction to a fine not less than 5,000 Leones or to imprisonment for a term noi less than 2 months or to both such fine and imprisonment. (3) The Minister may, on the advice of the Chief Medical Officer, add a disease to or remove a disease from the list of notifiable diseases in the Second Schedule and may provide that a disease so added shall be a notifiable disease only in a specified part or parts of Sierra Leone or that a disease so removed shall cease to be a notifiable disease only in a specified part or parts of Sierra Leone.

27. (1) Amedical practitioner or traditional healer, attending Medical practitioner on, or called in to visit a patient suffering from a notifiable disease, or traditional shall as soon as he becomes aware that the patient is suffering from healer to a notifiable disease, send to the Medical Officer of the health area in give notice of notifiable which the patient is ill, a certificate stating the full name, age, sex and disease. address of the house or place of the patient and the notifiable disease from which, in the opinion of that medical practitioner or traditional healer, the patient is suffering and where the patient is in a hospital the certificate shail specify the place from which,and the date at which the patient was brought to the hospital and it shall be sent to the Medical Officer of the area in which the said place is situated or the District Medical Officer of that area. The Public Health Act 2023 No. 17 fails (2) Amedical practitioner or traditional healer, who commi ts an to send a certificate as required under subsection (1) not less than 5,000 offence and is liable on conviction to a fine Leones. disease Declaration 28. (1) Whenever there is an outbreak of a notifiable of the Chief of infected ina place in Sierra Leone, the Minister may, on the advice areas and evacuation. Medical Officer, by statutory instrument - (a) declare a place or a part of it or an area in which the place is located, to be an infected area, and (b) order the evacuation of the whole or a part of an infected area by such time as shall be stated in the order. area has (2) Whenever an order for the evacuation of an a person who resides or catries on been made under subsection (1), offenc e and is liable on convic tion business in that area commits an of imprisonment not to a fine not less than 5,000 Leones or to a term and for a second less than 6 months or to both fine and imprisonment Leones or to or subsequent offence, to a fine not less than 10, 000 , or to both such fine imprisonment for a term not less than 12 months and imprisonment. entry to, or exit Prohibition 29. (1) A Health Authority may prohibit the and may, in like manner, of entry to, from an infected area in its Health Area ng or approaching and exit from, prohibit an inhabitant of its Health Area from enteri or infected area. an infected area, or, alternatively, may restrict such entry or exit, of evidence of vaccination or make it conditional on the production Of persons, OF inoculation, or of freedom of contact from infected any other conditions. (2) Prohibitions, restrictions, and conditions under are approved by subsection (1) shall not be imposed unless they for the effective the Medical Officer as adequate and necessary The Public Health Act 2023 No. 17 prevention of the spread of infection, and are published in the Gazette and in some other manner whether orally or in writing within the Health Area as the Medical Officer may direct. (3) A person who fails to comply with a prohibition, restriction or conditions made by a Health Authority under subsection (1), commits an offence and is liable, for a first offence, to a fine not less than 5,000 Leones and for a second or subsequent offence, to a fine not less thang 10,000 Leones or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.

30. (1) Whenever in the opinion of a Medical Officer - Post mortem examination of death by (a) aperson has died ofa notifiable disease or disease; or unknown cause. (b) the cause of death of a person is unknown, the Medical Officer shall order that a post mortem examination be conducted on the body of the deceased person. (2) A person who obstructs or interferes with another person in carrying out of an order given by a Medical Officer under subsection (1) or who prevents another person from carrying out a duty under such order or who fails to carry out or obey an order given to him by a Medical Officer under subsection (1) commits an offence and is liable on conviction to a fine not less than 5, 000 Leones or to imprisonment for a terfnnot Jess than 6 months. Power to

31. (1) A Medical Officer may perform or authorise - perform diagnostic (a) a laboratory scientist or technician, tests. radiologist or radiographer, or any other qualified health professional under his supervision, or , No. 17 The Public Health Act 2023 (b) a Medical Practitioner, to perform a diagnostic test on a person for the detection of infection with, or immunity to a notifiable disease, or the presence or prevalence of an endemic disease. (2) A person who fails to submit to having a diagnostic test performed on him under subsection (1), commits an offence and is liable on conviction to a fine not less than 5, 000 Leones. Health 32. (1) A Health Officer may place or cause to be placed on Officer or premises in which a notifiable disease has occurred a mark for the may mark premises purpose of premises of denoting the occurrence of the disease and notifiable may keep such mark affixed for such time as he may deem necessary. disease. (2) A person who removes or obliterates, without authority, a mark placed on or about a premises in which a notifiable disease has occurred under subsection (1), commits an offence and is liable on conviction to a fine not less than 5, 000 Leones. Destruction 33. (1) Subject to section 31, a Medical Officer may order the of animal destruction of an animal, which he has reason to believe is likely to vector. be the agent in the transmission of infectious disease to man, and dispose of the carcass of the animal destroyed in such manner as maybe appropriate. (2) A person who - (a) obstructs, interferes or prevents another person in the performance of his duties; or (b) fails to carry out of obey an order given bya Medical Officer, under subsection (1), commits an offence and is liable on conviction toa fine not less than 5, 000 Leones and, in the case of a continuing offence, to a further fine not less than 10, 000 Leones for every day on which the offence con-tinues. No. 17 The Public Health Act 2023 0

34. (1) A Medical Officer may order a person suffering or eon suspected to be suffering from a notifiable disease to be kept in sear isolation in a hospital or other piace, to be detained until he can be suffering i safely discharged i to the public. from sale 2 disease. (2)Where a person is kept in isolation under subsection (1), no person, other than those specially detailed by the Health Authority or Medical Officer to attend that person, shall visit or approach the hospital or other place of confinement and the confined person shall not leave without the permission of the Medical Officer. (3) A person who - (a) obstructs, interferes or prevents another person in the performance of his duties; or {b) fails to carry out or obey an order given by a Medicai Officer, under subsection (1), commits an offence and is liable on conviction toa fine not less than 5, 000 Leones and, in the case of a continuing offence, to-a further fine not less than 10, 000 Leones for every day on which the offence continues.

35. (1) A Health Authority may provide temporary Temporary accommodation for the care and maintenance of persons to be kept accommodation /solation of ef : : ‘ in isolation under subsection (1> of section 34. (2) As soon as the emergency requiring such accommodation is over, the Medical Officer shall order the removal of the temporary emergency accommodation which shall be dismantled or destroyed under the supervision of a Health Officer and any materials used in their construction shall be burnt, buried or disinfected and the whole area shali be rendered innocuous to the satisfaction of the Health Officer. Public Health Act 2023 30 No. 17 The SurveiHance, 36. (1) A Medical Officer may order a person having had from a personal communication or contact with a person suffering isolation of persons. grounds , to notifiable disease, or whom he suspects , on reasona ble have had such communication or contact to - (a) be placed under surveillance; or (b) be kept in isolation, if the Medical Officer considers the risk of transmission of the infection by such person to be exceptionally serious. ction (2) Aperson placed under surveillance under subse make such (1) shall be permitted to move about freely but shall al exami nation as reports or notifications and submit to such medic e or as may be prescr ibed. the Medical Officer may reasonably requir (3) Aperson kept in isolation under subsection (1) shall and shall not remain in such place, as the Medical Officer shall order, of the leave the precincts of such place without the permission Medical officer. (4) A person - (a) placed under surveillance under paragraph (a) of subsection (1) who fails to comply with the requirements of subsection (2); and (b) kept in isolation under paragraph (b) of subsection (1) who leaves the place where he is isolated without the permission of the Medical Officer, not less than commits an offence and is liable on conviction to'a fine 5,000 Leones. No. 17 The Public Health Act 2023 31

37. (1) Subject to section 31, a Medical Officer being aware Evacuation, of, or reasonably suspecting the presence ofa notifiable disease in disinfection, his area may, by notice in writing, order the evacuation, disinfection, etc., of infected fumigation or demolition of an infected premises or a premises premises, reasonably suspected of being infected, or the disinfection, fumigation or destruction of articles, including bedding and clothing suspected to be infected. (2) A person who - (a) obstructs, interferes or prevents an authorised official in the performance of his duties; or (b) fails to carry out or obey an order given bya Medical Officer, under subsection (1), commits an offence and is liable on convict ion toa fine not less than 5, 000 Leones and, in the case of a continuing offence, to a further finenot less than10, 000 Leones for every day on which the offence continues. (3) An order for the evacuation, disinfection, fumigation or demolition of an infected premises under subsection (1), shall be carried out in such manner and by such person as the Medical officer may direct, and any expenses incurred in carrying out the order shall be borne by the Health Authority in a health Area and elsewhere by the Government.

38. A person who knowingly lets for hire a house or part ofa Penalty for house, in which a person has been suffering from a notifiable disease letting house without having had such house, or part of such house and the articles in which infected therein properly disinfected to the satisfaction of the Medical officer persons for the health area in which such house is situated, commits an persons or lodging offence and is liable on had been conviction to a fine not less than 5, 000 Leones or to imprisonment for a term not less than 6 months. The Public Health Act 2023 32 No. 17 Penalty for 39. A person who - exposure of infected (a) knowing thathe is suffering from a notifiable persons or things. disease, willfully exposes himself, without proper precaution against spreading the disease, in a street, public place, shop or inn, or does an act or thing which he knows will spread the disease; or (b) being in charge of a person suffering from a notifiable, exposes such sufferer; (c) gives, lends, sells, transmit removes or exposes, without previous disinfection, a bedding, clothing or other article which he knows has been exposed to a notifiable disease, conurits an offence and is liable on conviction to a fine not less than 5, 000 Leones or to imprisonment for a term not less than 6 months. ble Infected 40. Aperson who, knowing that he is suffering from a notifia place, place persons in disease, enters a ship, aircraft, public conveyance, public public usly notifying places. ofentertainment or public meeting place, without previo on conviction the person in charge, commits an offence and is liable nt for aterm not toa fine not less than 5, 000 Leones or to imprisonme ordere d to pay to the less than 6 months, and in addition may be public place or place of owner of the ship, aircraft, public transport which such owner may entertainment, the amount of any expenses transpo rt, public place incur in disinfecting the ship, aircraft, public or place of entertainment. Disinfection of 41. (1) A person in charge of a ship, aircraft, public t or public meeting public places. conveyance, public place, place of entertainmen l Officer, place shall, to the public satisfaction of the Medica place of immediately cleanse and disinfect the ship, public place, ing from entertainment or public meeting place, after a person suffer place of a notifiable disease enters such ship, public place, entertainment or public meeting place: No. 17 The Public Health Act 2023 Provided that where the person in charge, or owner, of such ship or public place is unable, in the opinion of the Medical Officer, to effectively cleanse and disinfect the ship or public place, the same may be cleansed and disinfected by the Medical Officer at the expense of the owner. (2) Aperson in charge of a ship, aircraft, public transport public place, place of entertainment or public meeting place who fails to comply with subsection (1), commits an offence and is liable on conviction to a fine not exceeding 5, 000, 000 Leones or to imprisonment for a term not exceeding 6 months.

42. (1) AHealth Officer, Paramount Chief, police officer or a Apprehension magistrate may, without warrant, apprehend or cause to be of persons suffering apprehended and take and keep under isolation in a hospital or other from a place, a person whom he finds in a street, public place, shop or notifiable lodging, whom he believes, on notifiable reasonable grounds, to be disease. suffering froma disease. (2) A person kept in isolation in a hospital or other place under subsection (1) who leaves the hospital or other place without the permission of the Medical Officer, in whose area the hospital or other place is situated, commits an offence and is liable on conviction to a finenot less than 5, 000 Leones or to imprisonment for a term not less than 6 months.

43. (1) The owner of an animal destroyed in pursuance of an Compensation. order made under section 33, or the owner of a building, article or thing destroyed in pursuance of an order made under section 37, shall be entitled to compensation to be paid by the state or out of the funds of a Health Authority or both as the Minister shall direct. (2) Aclaim for compensation under subsection (1), shall be made to the Chief Medical Officer within 12 months,of the happening of the event in respect of which the claim is made and action shall not be taken in respect of a claim for compensation which is not received by the Chief Medical officer. No. 17 The Public Health Act 2023 (3) Where the amount claimed as compensation under subsection (1) is disputed, the claimant may sue for the compensation claimed by him. PART VI- BURIALS AND BURIAL GROUNDS Burial of 44, (1) A person shall not bury the corpse of a human being corpses. in a place other than a cemetery provided that in special cases recognised by custom, tradition and religion that custom, tradition or religion shall prevail with regard to the burial rites. (2) The District Medical Officer or a qualified officer authorised by him shall certify the death of a human being before he is buried. (3) The burial shall be at a depth of not less than six feet from the surface of the ground. (4) A person who contravenes this Section commits an offence and is liable on conviction to a fine not less than 5, 000 Leones or to imprisonment for a term not less than 6 months. Re-opening of 45. (1) Agrave in which a human body has been buried shall graves. not be re-opened for the purpose of the burial of another body unless by authorisation, in writing, by the Health Authority. (2) An authorisation under subsection (1) shall not be given - (a) within 2 years of a previous burial; and (b) without the consent of the local government authority. (3) A person who re-opens a grave, in which a human body has been buried in contravention of subsection (1), commits an offence and is liable on conviction to a fine not less than 5,000 Leones or to imprisonment for a term not less than 6 months. Functions of Health 46. (1) The re-opening of a grave shall be supervised by a Officer at Health Officer, who shall take all necessary measures for the prevention re-openingof of nuisance or danger to health. graves. No. 17 The Public Health Act 2023 35 (2) A person who fails to comply with measures for the prevention of nuisance or danger to health as instructed by a Health Officer under subsection (1) or who obstructs a Health Officer in the performance of his duties under subsection (1), commits an offence and is liable on conviction to a fine not less than 5, 000 Leones or to imprisonment for a term not less than6 months. 47, (1) The Minister may, upon representation made in the Closing of cemeteries. interest of the protection of public health, that burials in a cemetery or part thereof in a Health Area should be discontinued, by statutory instrument, order that burials in a cemetery or part thereof should be discontinued or discontinued subject to such exception or qualification specified in the order. (2) A person who contravenes an order made by the Minister under subsection (1), commits an offence and is liable on conviction to a fine not less than 5,000 Leones.

48. (1) Save for cases where the corpse of a human being is Time limit for burials. medically properly preserved by established mortuaries, a person shall not keep or cause to be kept a human corpse beyond the space of 48 hours unless the time for burial or interment be extended by licence in writing by the Health Authority or by order of the Chief Medical Examiner Government Pathologist. (2) It shall be the duty of the nearest relatives of a deceased person or in default, the owner or occupier of the house in which a deceased person was normally resident at the time of his death to bury the dead body or cause it to be buried. (3) Where the relatives or the owner or occupier of the residence of a deceased person cannot be found the Health Authority shall, subject to an order or instruction of a Chief Medical Examiner Government Pathologist, bury the body and the expenses incurred on such burial may be recovered from the nearest reiative or relatives of the deceased. 36 No. 17 The Public Health Act 2023 (4) A person whose duty it is pursuant to this section to bury the dead body or cause it to be buried in accordance with this section, commits an offence and is liable on conviction to a finenot less than 5, 000 Leones. Burial where 49. (1) Where the retention of a human corpse in a building nai * would endanger the health of the occupiers of the building or the public health, the body shall be removed by the Health Authority or a local government authority to a mortuary or other place and that authority shall take necessary steps to ensure that the body is buried. (2) A person who obstructs or interferes with the Health Authority or a local government authority in the exercise of its duty under subsection (1), commits an offence and is liable on conviction to a fine not less than 5, 000 Leones. Removal of 50. (1) Where a person dies in a hospital while suffering from boy ee person dying anotifiable Spee disease ae and the Medical officer . for the area : in whicha such in hospital | hospital is situated or some other registered medical practitioner of notifiable _ certifies that in his opinion it is desirable in order to prevent the a spread of infection, that the body should not be removed from the hospital except for the purpose of being taken direct to a mortuary or to be buried, the body shall not be removed from the hospital except for such a purpose. (@) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not less than 5, 000 Leones. Prohibition 51. (1) A person in charge of, or in control of premises in of unnecess- we : : : i ary contact Which is lying the body of a person who is known to have died while with body of suffering from a body. notifiable disease shall take such steps as Tagita t may be reasonably practicable to prevent persons coming disease. unnecessarily into contact with or in proximity to the body. (2) A person shall not remove the body of a person who has died from a notifiable disease from one area in Sierra Leone to another No. 17 The Public Health Act 2023 area whether by land, air, sea, or any other means of transportation, without the written permission of the Health Authority of the Area where the person died. (3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not less than §, 000 Leones. -

52. (1) A person shall not bury or cause to be buried the Burial of body ofa still-birth unless on the authority of - still-birth. (a) a written certificate stating that the child was not born alive, signed by a registered medical practitioner, who was in attendance at the birth, or has examined the body of the child; or (b) a declaration stating that a registered medical practitioner was not present at the birth or that his certificate cannot be obtained and that the child was not born alive, signed by a: person required by the National Civil Registration Act, 2016 (Act No. 14 of 201 6) to give information on the required particulars ofa birth. (c) an order of the Chief Medical Examiner, Government pathologist , in the case of a reportable death, authorising the burial of the child.

53. AHealth Authority may permit the cremation ofa deceased Cremation. person on such conditions as may be deemed fit.

54. The Health authority ofa Health Area shall keep aregister pagiine of of burials for every cemetery in its health Area. als. The Public Health Act 2023 38 No. 17 PART VII - DRAINAGE, SANITATION, WATER SUPPLIES AND ; HOUSING Construction of public 55, The Ministry of Works and Public Assets shall be and drains. responsible, through its agencies, for the construction maintenance of public drains in each Health Area.

56. (1) A person shall not interfere with a drain in a Health or by any Interference Area by the construction of a road, path, drain, water pipe drainage with drains. other means block or interfere with the proper working of the of surface water from a premises. (2) The Health Authority shall serve a notice in writing with drainage in upon a person who causes blockage or interference within a specified time contravention of subsection (1), requiring him to make such alternative to restore the drainage to its former state or e. provision for drainage as the Health Authority shall approv excuse to (3) A person who fails without reasonable (2) commi ts an offenc e and is comply with a notice under subsection less than 5, 000 Leones . liable on conviction to.a fine not Authority (4) Notwithstanding subsection (3) the Health has been blocke d or interf ered with, may restore a drainage, which on whom the and recover the costs of the restoration from the person notice was served, , Responsibility and to clean 57, (1) AHealth Authority shall be responsible to clean empty drains. empty all drains within its Health Area. (2) Notwithstanding subsection (1) the Ministry of Works and Public Assets shall be responsible to empty a public drain constructed by it as part of a street. Discharge of 58, (1) The owner or occupier ofa premises in a Health Area private drains into public shall be entitled to have his private drains discharged into public section drains. drains managed by a Health authority under subsection (1) of Assets under subsect ion 57 or by the Ministry of Works and Public (2) of section 57, No. 17 The Public Health Act 2023 39 (2) Notwithstanding subsection (1) a person shall not discharge foul water into a drain provided for surface water unless such foul water has been subjected to a process of settlement or purification specifically approved by the Health Authority for the particular premises from which the foul water is to be drained.

59. (1) A person intending to construct a private drain or to Notice of intended join a private drain to a public drain in a Health Area shall give the construction Health Authority thereof notice in writing of his proposals and at any of private time within 21 days after receipt of such notice the Health Authority drains in certain may by notice in writing serve upon him refusal to permit the Health construction if it appears to it that the mode of construction or Areas. condition of the drain would be prejudicial to its drainage system. (2) A person on whom a notice of refusal has been served under subsection (1) may within 7 days of such service, appeal in writing to the Minister whose decision shall be final. (3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not less than 5, 000 Leones and the Health Authority may take such steps as it considers necessary to render such privaie drain harmless to its drainage system and recover the costs from such person..

60. (1) Where a person proposes to construct a private drain Construction ina Health Area the Health Authority may by notice in writing serve of private drains. upon him, require him to construct the drain in sucha manner as regards material, or size of pipes, depth, fall, direction or outfall or otherwise, that it may form part of any general system of drainage or any public drain that the Health Authority has provided or proposes to provide. ' (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not less than 5, 000 Leones and the Health Authority may construct such private drain in the manner and with the materials specified in the said notice and recover the costs thereof from such person. 40 No. 17 The Public Health Aet 2023 Health 61. (1) Where it appears to a Health Authority in a Health Authority may require Area that satisfactory provision has not been made for drainage in a provision premises it shall by notice in writing require the owner of the premises for drainage to make provision within such period as shall be specified in the to be made. notice and may for that purpose direct the owner to construct a private drain to connect with a public drain, or to discharge into a settlement tank, septic tank, a soak away pit or into some other appropriate place. (2) ‘A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not less than5, 000 Leones “and the Health Authority may itself make such provision and may recover the costs from such person.

62. (1) Where it appears to a Health Authority in a Health Defective drains, etc. in Area that a private drain, combined drain, settlement tank, septic Urban tank, soil pipe, soak away pit, main water pipe, spout, sink or other necessary appliances for the drainage of a premises is defective or is Health Areas. in such a condition that is prejudicial to health or a nuisance, the Health Authority shall by notice in writing require the owner or owners of the premises to do or cause to be done such work as maybe necessary to remove the defect to abate the nuisance within such period as shall be specified in the notice. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not less than 5, 000 Leones and the Health Authority may itself remove the defect and recover the costs thereof from such person. Sanitary 63. (1) A Health Authority may, if required by the local services in Health authority, undertake all or any of the following services - Areas. (a) removal of house refuse from premises; (b) cleansing of earth closets, privies, and cesspools, in the whole or any part of its Health Area. No. 17 The Public Health Act 2023 4] (2) AHealth Authority shall make reasonable charges for the services provided under subsection (1), which services may be either at the request of the occupier of a premises requiring them or at the requirement of the Health Authority, who may require an occupier to accept such services.

64. AHealth Authority shall provide and maintain, in any part Provision in of a Health Area where there are premises that are not serviced by the _ a" Health Areas of Authority, in accordance with subsection (1) of devout of section 72, the places for the deposit of house refuse, so situated refuse. that such places shall not be a nuisance or be injurious to the public health.

63. (1) Apperson, other than an officer or employee of'a Health prohibition Authority responsible for the removal and disposal of refuse, shall of inter- not sort out or disturb - a deposited (a) the contents of a dustbin when placed in a for removal. street or forecourt for the purpose of its contents being removed by a Health Authority; (b) the material deposited in a place provided by the Health Authority for the deposit of refuse. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not less than 5, 000 Leones.

66. (1) A Health Authority shall provide public sanitary Public toilets. conveniences in proper and convenient situations for the use of persons visiting markets, wharves, ferries or any other public places where such conveniences may be needed to prevent nuisance. (2) All public toilets provided under subsection (1) shall be of a design and type approved by a Medical Officer. No. 17 The Public Health Act 2023 Water - 67. (1) A Health Authority shall, as far as is reasonably supply. practicable, ensure that every house and school in its Health Area has available within a reasonable distance, sufficient supply of safe water for domestic purposes. (2) A Health Authority shail ensure that its Health Area is provided with a supply of safe drinking water ‘and if no such supply is otherwise provided, the Health Authority shall itself provide the supply. \ Protection 68. (1) Where a Health Authority is of the opinion that water of public obtained from a well, tank or other supply in its Health Area is, or is from polluted of water. likelyto be used for domestic purposes, or in the preparation food or drink for human consumption, and is likely to become polluted and would be prejudicial to health, the Health Authority may make or an order directing the source of supply to be permanently temporarily closed or cut off, or the water is to be used for certain or purposes only, or such other order necessary to prevent injury or consumi ng food danger to the health of persons using the water or drink prepared with the water. s (2) A person who contravenes subsection (1) commit to a fine not less than 5, 000 an offence and is liable on conviction Leones. Penalty for 69. A person who does an act whereby - damaging or contaminating (a) a well, pipe main, fountain, pump, standpipe water supply. or reservoir is willfully or maliciously damaged; (b) water used or likely to be used solely orpartly as drinking water or for domestic purposes is contaminated, or rendered likely to be contaminated, either by washing himself or other persons or animals, clothes, or other articles in or near such water or by depositing human or animal excreta, refuse, filth, rubbish No. 17 The Public Health Act 2023 43 or dead animal or other noxious substance in or near such water or in any other way whatsoever, commits an offence and is liable on conviction to a fine not less than 5, 000 Leones.

70. (1) A Health Authority may, by statutory instrument, Water- declare an area within its Health Area to be a water gathering area. gathering areas. (2) A person who does an act whereby a water gathering area declared under subsection (1), or the water gathered from it, is contaminated or rendered likely to be contaminated commits an offence and is liable on conviction to a fine not less than 5, 000 Leones.

71. (1) Awell or water hole shall not be dug in a Health Area Control wells. without the consent in writing of the Health Authority. (2) A-wellshall be protected from contamination or other forms of pollution by linings, copings including drainage of surface area or preventing other means of pollution. (3) AHealth Authority shall not approve the digging ofa well or water-hole within the distance of 100 feet of a cesspit, or place used for the disposal or deposit of filth, refuse or rubbish, or within 400 yards of a place of burial of the bodies of humans or animals. (4) A person who digs or causes to be dug a well or water-holein contravention of subsection (1) commits an offence and is liable on conviction to a fine not less than 5, 000 Leones and the Health Authority may fill in or otherwise close such well or water- hole in order to protect the well or water-hole from contamination and recover the costs thereof from that person.

72. (1) The Medical Officer of a Health Area shall oause Declaration inspections to be made from time to time in his Health Area to ascertain of over crowded the number of dwelling houses therein which are overcrowded and areas. to report annually to the Minister the number or proportion of overcrowded houses in his Health Area. No. 17 The Public Health Act 2023 (2) Where, in the opinion of a Medical Officer making a report under subsection (1), there is overcrowding in his Health Area or a part of his health Area that can only be abated, in the absence of relocation of occupants, the construction of new houses, the Medical Officer shall state in the report the number of new houses that he estimates would be required for that purpose and shall recommend that his Health Area or such part thereof as he may specify should be declared an overcrowded area. (3) The Minister may, on receipt of the recommendation of a Medical Officer under subsection (2), by statutory instrument, declare that Health Area, or such part of it as shall be defined in the statutory instrument, an overcrowded area. Publication 73. A schedule of overcrowded areas shall be kept by the of schedule Minister and published at the beginning of each year in the Gazette of and an area shall not be removed from the schedule except on the overcrowded Area, report of a medical officer areas that by reason of relocation of some occupants or increase of new houses no further new houses are required for the abatement of overcrowding in his Health Powers of 74, (1) For the purpose of carrying an inspection under Health section 72, a Health Officer may require the occupier of a dwelling Officer inspecting house in a Health Area, to inform him of the number, ages and sex of over-crowded all the persons sleeping in the dwelling house. areas. (2) Anoccupier who fails to furnish information required by a health officer under subsection (1) or willfully furnishes information which he knows to be false commits an offence and is liable on conviction to a fine not less than 5, 000 Leones. Overcrowded 75. (1) Adwelling house ina Health Area shall be deemed to dwelling be overcrowded when the number of persons sleeping in the house house. is in excess of the number permitted in the Second Schedule for a house of that size. No, 17 The Public Health Act 2023 (2) For the purpose of ascertaining the number of persons sleeping in a house no account shall be taken of a child under one year old and a child who has attained the age of one year and is under ten years old shall be reckoned as one-half of a unit.

76. (1) On the receipt of a report from the Medical Officer Notice to that a dwelling house in a Health Area is overcrowded, the Health abate over- crowding. Authority of the Health Area shall give notice in writing to the occupier or the owner of such dwelling house ordering him to abate the overcrowding within a time, not less than one month. (2) Anotice ordering an occupier or owner of a dwelling house to abate overcrowding under subsection (1) shall inform the person to whom it is delivered of the total number of persons permitted to occupy a dwelling house. (3) Where an area has been declared to be an overcrowded area under section 72, the Minister shall by statutory instrument stipulate for the overcrowded area the number of persons permitted per dwelling house in accordance with the Gocond schedule,

77. (1) Anoccupier of a dwelling house who fails to comply Penalties for with notice to abate overcrowding under section 76 commits an abate over- offence and is liable on conviction to a fine not less than 5,000 crowding. Leones and to a further fine not less than 1,000 Leones for each day on which the overcrowding continues. (2) The owner of a dwelling house in a Health Area who causes or permits a dwelling house to be overcrowded commits an offence and is liable on conviction toa fine not less than 5,000 Leones and to a further fine not less than 1,000 Leones for each day on which the overcrowding continues. (3) The owner of an overcrowded dwelling house in a Health Area shall be deemed to cause or permit such dwelling house to be overcrowded where - The Public Health Act 2023 No. 17 (a) after service upon him of a notice under section 76, he fails to take such steps as are reasonably open to him for securing abatement of the overcrowding within the time specified in the notice, including if necessary, legal proceedings; or (b) when letting such crveiling house, the owner or a person erecting the letting on his behalf, had reasonabje cause to believe that it would become overcrowded, or failed to make enquiries of the proposed occupier as to the number, ages and sex of the persons who would be allowed to sleep in the dwelling house. ARTICLES AND PART VIII - FILTHY OR VERMINOUS PREMISES, PERSONS a Cleaning of 78. (1) Where it appears to 4 Health Authority, upon ntendent, filthy or certificate of a Medical Officer or a Public Health Superi Area is - verminous premises. that a premises used for human habitation in its Health condition as to (a) in a filthy or unwholesome be prejudicial to health; or give (b) verminous, the Health Authority shallof the notice to the owner or occupier premises requiring him, within such time as shall be specified in the notice, to take such steps to remedy the condition of the premises by cleansing, disinfecting, white- washing or as shall otherwise be specified in the notice and in the case of verminous premises the notice may require, among other things, the removal of wall-paper or other covering on the walls and the taking of such other steps as are necessary for the purpose of destroying or removing vermin within the time specified in the notice. No. 17 The Public Health Act 2023 47 (2) Aperson on whom a notice is served under subsection (1), who fails to comply with the notice commits an offence and is liable on conviction to a fine not less than 5,000 Leones and to a further fine not less than 1,000 Leones for each day on which the offence continues and the Health Authority may remedy the condition of the premises and recover the expenses incurred from that person.

79. Where it appears to a Health Authority, on the certificate Cleansing or of aMedical Officer or a Public Health Superintendent, that an article se ina premises in its Health Area is - verminous (a) in fiithy a condition as to render its cleansing, purification or destruction necessary in order to prevent injury or danger of injury, to the heaith ofa person in the premises; or (b) verminous, or by reason of its having been used by cr having been in contact with a verminous person is likely to be verminous, the Health Authority shall cause that article to be cleansed, purified, disinfected or destreved, as the case may be, at its own exponts and if necessary for that purpose, to be vemoved from the premises.

80. (1) Where it appears to a Health Authority, upon a report Cleansing of from a Medical Officer or a Public Health superintendent, that a Verminous person in its Health Area or the clothing of a person in its Health Od teste Area is verminous, then if that person consents to be removed to a clothing, cleansing station, the Health Authority shall cause him to be removed to such station and, if he does not so consent, application may be made to a magistrate, and the magisirate, if satisfied that it is necessary that he or his clothing should b2 cleansed, may make an order for his removal to such station and for his detention therein for such period and subject to such conditicns as may be specified in the order. 48 No. 17 The Public Health Act 2023 rer (2) Where a person has been removed to a cleansing station under subsection (1), the Health Authority sha'l cause such measures to be taken as may, in the opinion of the Medical Officer or Public Health Superintendent, be necessary to free his.clothing from vermin. ; (3) The cleansing of femalgs under this. section shall be carried out only by a registered Medical Practitioner or by a qualified female health professional duly authorised by the: Medical Officer. (4) Consent required tq be given under subsection (1) may, in the case of a person under the age of 16 or a person with no legal capacity, be given on his behalf by his parent or guardian. (5) Acharge shall not be made in respect of the cleansing of a person or his clothing under this sectica. PART IX - FOOD, SLAUGHTERHOUS;, » AND MARKETS Sale, sedi etc. of . 81. (1) A person shall not . prohibited. (a) sell, offer or ex,ose for sale; (b) have in his »ossession for the purpose of sale or of pre aration for sale, or (c) deposit wit), or consign to, another person for the purpose of sale or of preparation for sale, foo.' unfit for human consumption, having reasonable cause to believe that it was unfit. (2) A person who contravenes subsection (1), commits an offence and is liable on conviction to a fine not excéeding 5, 000, 000 Leones. No. 17 The Public Health Act 2023 49

82. (1) AHealth Officer may, examine food intended forhuman Examination, consumption which has been sold; offered or exposed for sale, in the omen possession of, is deposited with or consigned to a person for the of unsound purpose of sale or preparation for sale, that appears to him to be unfit food. for human consumption and seize and remove it. (2) A Health Officer who seizes or removes food under subsection (1) shall inform the person in whose possession it was found, that the food is unfit for human consumption and he shall condemn it and order it to be destroyed or to be disposed of so as to prevent it from being consumed.

83. Where a registered medical practitioner becomes aware of Notification or suspects that a patient whom he is treating is suffering from food of cases poisoning, or food borne illnesses, he shall notify the Medical Officer ° oe gar or surveillance officer upon a certificate stating - food borne illnesses. (a) the name, age and sex of the patient and the address of the premises where the patient is being treated; and (b) the particulars of the rood poisoning from which the patient is, or is Suspected to be suffering.

84. (1) Where a Medical Officer or a registered medical Notice of practitioner has reasonable ground for suspecting that food, of which Suspected he has procured a sample, is likely to cause food poisoning, he may poisoning or give notice to the person in charge of the food that, until his food borne investigations are completed, the food or a specified portion of it, is illnesses. not fit for human consumption and is not to be removed except to some place specified in the notice. (2) Where as a result of his investigations, the Medical Officer or registered medical practitioner is satisfied that the food in question or a portion of it, is likely to cause food poisoning, he may seize and remove it in accordance with subsection (1) of section 82 and inform the person in whose possession it was found that the No. 17 The Public Health Act 2023 food is unfit for human consumption in accordance with subsection (2) of section 82. (3) Aperson who contravenes the requirement of a notice given under subsection (1), commits an offence and is liable on conviction to a fine not less than 5, 000 Leones. Power to take 85. (1) AMedical Officer or a Health Officer, may take sample food sample. of food which he reasonably suspects to be the cause of an outbreak of food poisoning for analysis or for bacteriological and other examination. (2) A Medical Officer or Health Officer who takes a sample under subsection (1), shall inform the person from whom the sample is taken of his intention to have the sample analysed or otherwise examined and shall pack the sample and seal it in his presence. Public 86. (1) A Health Authority shall provide public slaughter- slaughter- houses. houses or public slaughter-places for the slaughter of animals intended for human consumption. (2) The Minister may, by statutory instrument make regulations relating to the establishment, management, site and design of public slaughter-houses or public slau ghter-places for the slaughter of animals intended for human consumption. Slaughter of _ 87. (1) A person shall not slaughter an animal intended for animals for human human consumption except at a public slaughter-house, public consumption. slaughter place or otherwise in accordance with this Act. (2) Notwithstanding subsection (1), the slaughtering of animals for domestic consumption shall be subject to rules on basic hygiene for domestic slaughtering of animals under this Act. y (3) AHealth Authority shall, within its Health Area, make provision for the proper inspection of - No. 17 The Public Health Act 2023 5l (a) meat at public slaughter-houses or public slaughter places, (b) live animals by a veterinary officer; (c) slaughtered animais by a‘ health officer designated to carry out that function. (5) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding 5, 000, 000 Leones and the carcasses or meat may be seized and removed in accordance with subsection (1) of section 82.

88. (1) A Health Authority may appoint places to be public Public markets within its health area. markets. @) The appointment of a place to be a public market under subsection (1) and the design of a market building shall be subject to the approval of the Minister after consultation with the Minister of Agriculture, Forestry and Food security and the Minister of the Environment.

89. (1) A person shall not expose or offer for sale fresh meat Sale of meat or fish, at an open public market or such other place except in and fish. approved and licensed premises by the health Authority (2) Subsection (1) shall not apply to canned, bottled meat or fish. (3) Sale of meat which is dried, salted, smoked or otherwise preserved shall not be exposed to open public places except in approved and licensed premises by the health Authority. (4) A person who contravenes subsection (1) commnits an offence and is liable on conviction to a finenot less than 5, 000 Leones. 2 No. 17 The Public Health Act 2023 Inspection of 90, (1) Aperson in a Health Area shall not expose, offer for meat. sale or sell meat which has not been inspected and found fit for human consumption by a Health Officer. (2) Subsection (1) shall not apply to frozen imported meat of gazetted food animals which has been inspected on importation into Sierra Leone and found fit for human consumption by a Health Officer. (3) Meat inspection shall be carried out at all times along the food chain to any meat and meat products whether fresh, frozen, canned, smoked, pickled, cured in any form or otherwise preserved in any manner. (4) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not less than 5,000 Leones. (5) The Minister shall by statutory instrument make rules on game meat or bush meat intended for human consumption and statutory instruments issued to that effect shall apply to specified jurisdictions or localities within Sierra Leone. (6) Game meat or bush meat shall not be slaughtered exceptin approved and licensed premises by the health Authority designed for slaughter of game meat or bush meat. (7) For the purpose of this Act, slaughter includes - (a) stunning; (b) bleeding; (c) flaying or scalding and deafeathering or defurring; (d) evisceration; (e) inspection. No. 17 The Public Health Act 2023 33 PART X - PROCEDUREAND GENERAL

91. (1) AHealth Officer shall have power to enter a premises Powers of in his Health Area for the purpose of ascertaining - entry. (a) whether there is, or has been, a contravention “of this Act, on or in connection with the premises; ~ (b) whether or not circumstances exist which would authorise or require the Minister, a Health Authority or a Health Officer to take action under this Act; or (c) the performance of the functions of the Minister, Health Authority or Health Officer under this Act. (2) AHealth Officer may, by warrant, enter a premises by force where it is confirmed, in writing that the premises pose a public health threat and that- (a) admission to a premises has been refused; (b) refusal was withheld; | (c) an occupier is temporarily absent; (d)_ the case is one of urgency; or (e) an application for admission would defeat the object of the entry. (3) A warrant under subsection (2) shall not be granted unless the Court is satisfied that notice of the intention to apply for a warrant has been given to the occupier. The Public Health Act 2023 No. 17 - (4) A Health Officer entering a premises under subsection y to (2), may take with him such other persons as may be necessar assist him and shall leave the unoccupied premises as secured against trespassers as he found it. (5) A warrant granted under this section shall continue in force until the purpose for which entry is necessary has been satisfied. Vessels and 92. (1) A vessel lying in a river or other waterway within a the aircrafts. health area and an aircraft in a health area shall be subject to jurisdiction of the Health Authority, in the same manner as if it were a house within the Health Area. (2) The master of a vessel or the pilot of an aircraft in a this Act, to be the health area shall be deemed, for the purpose of occupier of such vessel or aircraft. ity Police 93, APolice Officer shall give information toa Health Author or has reason to Officer to or Medical Officer of an offence which he knows give within the area of information. believe has been committed under this Act jurisdiction of the Health Authority. tion of Health 94, A Health Officer shall, for the purpose of the execu privil eges of a Officer to his duties under this Act, have all the powers and have powers police officer. of police officer. Penalty for 95. (1) A person who - obstructing execution of (a) willfully obstructs an authorised officer acting in the execution of this Act, this Act, etc, (b) destroys, pulls down, injures or defaces a notive put up by the Ministry or by a Health Authority under this Act; or No. 17 The Public Health Act ‘2023 35 (c) wilfully damages, interferes with, destroys or renders useless works executed, materials or things placed in, under or upon a premises by or under the orders of the Minister or a Health Authority or property belonging to the Ministry or a Health Authority, commits an offence and is liable on conviction to a fine not less than 5, 000 Leones or to a term of imprisonment not less than 12 months or to both such fine and imprisonment. (2) The Minister or Health Authority may recover from a person who contravenes paragraph (c) of subsection (1), as a debt due to the Minister or Health Authority, as the case may be, all costs and expenses incurred in re-executing the works or replacing the materials or things or property so interfered with or damaged, destroyed or rendered useless. (3) An occupier of premises who fails to comply with an order of the court, requiring him to permit the owner to carry out works required to be done under this Act, within 24 hours after service of the order on him, commits an offence and is liable on conviction to a fine not less than 5, 000 Leones for every day during which the non-compliance continues. (4) An occupier of a premises who refuses or willfully omits to disclose the name and address of the owner of a premises, when requested by, or on behalf of the Health Authority, unless he shows cause for his refusal or omission, commits an offence and is liable on conviction to a fine not less than 5, 000 Leones.

96. An offence, fine, penalty, forfeiture, costs and expenses Proceedings under this Act, or any rules or order made under this Act, directed to for offences, be prosecuted or recovered in a court or prosecution or recovery of expenses, etc. which is not otherwise provided for, may be prosecuted and recovered before a court of competent jurisdiction together with costs. No. 17 The Public Health Act 2023 56 Surplus of 97, Where, in this Act, asum of money is directed to be levied distress to by distress and sale of goods and chattels of a person, the surplus, be returned. if any, arising from such sale shall, after satisfying such sum, costs and expenses of distress and sale, be returned to such person. Distress not 98. Distress, levies under this Act, shall be lawful, nor shall a person making the same be a trespasser, on account of a defect, or unlawful for want of form of warrant. want of form in the summons, conviction, warrant of distress or other proceeding relating thereto, nor shall he be a trespasser ab initio on account of a irregularity afterwards committed by him. Proceedings 99, A fine of penalty shall not be recovered or forfeiture for fines, etc. to be taken incurred under this Act, unless proceedings for the recovery of the within 6 same shall have commenced within 6 months after the commission months. or the occurrence of the offence to which the fine, penalty, or forfeiture attaches. Procedure. 100. (1) Where nuisance under this Act appears to be wholly or partially caused or committed by the acts or defaults of 2 or more persons, the Health Authority or other complainant may institute or proceedings against any one of such persons or may include all or more of such any 2 or more of them in one proceeding and any one appears to persons may be ordered to abate the nuisance, so far as it be the court to be caused by his or their acts or defaults, or may in the opinion of prohibited from continuing an act or default which be fined or otherwis e the court, contributed to the nuisance or may or defaults of any one of punished, notwithstanding that the acts the such persons would not separately, have caused a nuisance and consider fair and reasonab le costs may be distributed as the court may (2) Proceedings against several persons, included in one complaint, shall not abate by reason of the death of any among the persons so included, but all such proceedings may be carried on as if the deceased person had not been originally so included. (3) Where only some of the persons, by whose act or default, a nuisance has been caused, have been proceeded against under this Act, they shall, without prejudice to any other remedy be No. 17 ~ The Public Health Act 2023 57 entitled to recover from the other persons who were not proceeded against, a proportionate part of the costs of, and incidental to such proceedings and stating the nuisance, and of any fine and costs ordered by the court to be paid in such proceedings.

101. Costs and expenses which are recoverable under this Act Recovery of by a Health Authority from an owner of premises, may be recovered ee wean from the occupier of such premises and the owner shall allow the and occupier. occupier to deduct money paid out of the rent.

102. AHealth Authority may institute and carry on proceedings Health which it is authorised under this Act, by an officer of the authority or Authority such other person duly authorised in such behalf. oe aa proceedings.

103. (1) An officer or employee of a Health Authority or a Protection person acting on the directions of an officer or employee of a Health f0™ Authority shall not be liable in respect of any matter or thing done Ret ce by him in good faith under this Act. Health Authorities (2) Amember ofa Health Authority or a person acting on eek OME, the directions of an officer or employee of a Health Authority shali not be personally liable for any debt or obligation of the Health Authority.

104. A person aggrieved by a conviction or order made by a Appeals. Court on determining an information or complaint under this Act, may, save as otherwise provided in this Act appeal to the High Court.

105. Notices, orders, and other documents under this Act, shall Authentication be in writing, and shall be signed by the person issuing such notice of notices. or other document, or by such other person duly authorised in that behalf.

106. (1) A notice, order, or other document required or Service of authorised to be served under this Act may be served by delivering notices. the same, or a true copy thereof, either to or at, the usual or last No. 17 The Public Health Act 2023 known residence of the person to whom it is addressed, or, where addressed to the owner or occupier of premises, then to some person on the premises, or if there is no person on the premises who can be so served, then by fixing the same, or a true copy thereof, on some conspicuous part of the premises; it may also be served by sending the same, or a true copy thereof, by registered post, addressed to a person at such residence or premises as above mentioned. (2) Avnotice required or authorised for the purposes of this Act to be service on a Health Authority, may be serviced by delivering it in writing at, or by sending it by registered post to, the office of the Health Authority, addressed to such Health Authority. (3) A notice by this Act, required to be given to, or served on, the owner or occupier of a premises, may be addressed by the description of the "owner" or "occupier" of the premises (naming them) in respect of which the notice is given or served without further name or description. Forms, 107. The forms in the First Schedule or forms to the like effect, varied as circumstances may require, may, unless other forms are prescribed by the Minister, be used, and shall be sufficient for all purposes. Expenses of 108. (1) Wherea local authority has been appointed a Health Health Authority. Authority under this Act, expenses incurred by that Health Authority in carrying out its functions under this Act shall be a lawful expense against the funds of that local authority. (2) Where the Minister has appointed representative of a local authority to be a health Authority under section 8, he may prescribe by order in consultation with the Minister responsible for finance, what contribution shall be made by such local authority to the expenses of the Health Authority in carrying out its functions under this Act. No. 17 The Public Health Act 2023 59

109. (1) The Minister may by statutory instrument make Regulations. Regulations as it considers necessary or expedient for giving effect to this Act. (2) Notwithstanding the generality of subsection the Minister may, make Regulations for the whole or any part of Sierra Leone for all or any of the following purposes - (a) the treatment of persons affected with an epidemic, endemic or infectious disease and for preventing the spread of such diseases; (b) preventing danger to public health from a vessel, aircraft or vehicle arriving in Sierra Leone (c) preventing the spread of infection by means of a vessel, aircraft or vehicle leaving Sierra Leone, so far as may be necessary or expedient for the purpose of carrying out a treaty, convention, arrangement or engagement with any other country; and (d) the vaccination and immunization of persons against epidemic, endemic or infectious diseases and for the proper regulation and control of vaccination and immunization (e) signals to be displayed by vessel, aircraft or vehicle having on board a case of epidemic, endemic, or infectious disease; () questions to be answered by masters, pilots, and other persons on board a vessel, aircraft to vehicle as to cases of such disease on board during the voyage or journey or on arrival No. 17 The Public Health Act 2023 (g) detention of a vessel, aircraft or vehicle and of persons on board thereof; (h) duties to be performed in cases of epidemic, endemic, or infectious disease by masters, pilots and other persons on board vessels aircraft or vehicles; i) charges to be made in respect of service rendered under these rules and the recovery and disposal of such charges; 0) penalties for infringement of these rules.

140. (1) The Public health Act, 1960 (Act No. 23 of 1960 is Repeal and hereby repealed. savings. (2) Not withstanding subsection (1) orders, regulations ed Act shall or other statutory instruments made under the repeal force and be deemed to have been made under the rem in ain until such time as the orders corresponding provisions of this Act ments areame nded, revoke d, or regulations or other statutory instru under this Act. replaced by orders, regulations or instruments made

111. (1) Upon the date of coming into operation of this Act ved and - the former Emergency Operation Centre shall be dissol Transitional provisions. (a) all assets and liabilities, including agreements and to which the former Emergency Operation Centre was a party shall be transferred to and vest in the Agency without further assurance and the Agency shall have all powers necessary to take possession of, recover and deal with such assets and discharge such liabilities; No. 17 The Public Health Act 2023 6. SCHEDULES

FIRST SCHEDULE (Section 20) FORM A. Form of Intimation TO! ccsveeveree vee seesereenanenecsseeeeees tere ooveseennscansceneonseeeeeseuroneeveruse This is to inform you that at the premises situated att... eseseeeeceeeeeee ChE nuisance or offence against the Public Health Act, 2022, or rules, mumbered..........ceseseeeesessensesssesssseesseeeeseess aid Marked in the following list exists and you should abate it by:..............2..4. SAAN p a esto nto a eeemcem mae te ee The officer who delivers this form will show you how to abate it or you may enquire at the Health Office between the hours Off...........cscessssceucessccssssssscessressssssensres The Public Health Act 2023 2 No. 17 LIST ee 1. Mosquito breeding in..........sssseessssesseersesereesens Se 2. Conditions likely to breed mosquitoes........---+:eeeerrrersrsseerereeseseesee ion in a well, tank, ete. 3. Domestic water supply liable to contaminat nience etC......ceseeesrereeeens 4. Foul pool, ditch, gutter, drain, sanitary conve eeeeenes RU husvecoganeanetisissenssses6 5. Dust, smell or effluvia caused by.........eee cesses eerssttrere 6. Accumulation or deposit of dirt, tC.......:-sssererseeeenerents s2++ hecaeequernnee eae 7. Animal or bird causing nuisance by.........+--s10+ DOECRUSC...5.0s0ssececesteressesnsees 8. Premises defective or prejudicial to health cseresees sees eeeesse senee nsee 9, Defective drainage.........ssssressssesrrnenrsnren s eeene seeseeten ccerseserecreerrtere 10. Defective or unauthorized well.......:..s asee see eeeeesee erence eee 008 sens ne 11. House overcrowded........-.::sscsssssecees eee ns are erennnen rssererersestesceanmnrana 12. Premises filthy or Verminous.........-.ssescesese No. 17 The Public Health Act 2023 6B FORMB (Section 21) FORM OF NOTICE REQUIRINGABATEMENT OF NUISANCE. To: [person causing the nuisance, or owner or occupier of the premises at which the nuisance exists, as the case may be]. Take notice that under the provisions of the Public Health Act, 2022, the [describe the Health Authority], being satisfied of the existence at [describe premises where the nuisance exists] of a nuisance being [describe the nuisance, for instance, premises in such a state as to be a nuisance, or injurious or dangerous to health, or for further instance, a ditch or drain so foul as to be a nuisance of injurious or dangerous to health}, do hereby require you within [specify the time] from the service of this notice to abate the same [and to execute such works and do such things as may be necessary for that purpose, or and for that purpose to specify any works to be executed] [and the (Authority) do hereby require you within the said period to do what is necessary for preventing the recurrence of the nuisance, and for that purpose to, etc.] [Where the nuisance has been abated, but is likely to recur, say, being satisfied that at, etc., there existed recently, to wit, on or about the .... day of............. the following nuisance, namely (describe nuisance), and that, although the said nuisance has since the last-inentioned day been abated, the same is likely to recur at the said premises, do hereby require you within (specify the time) to do what is necessary for preventing the recurrence of the nuisance and for that purpose to, etc.] Ifyou make default in complying with the requisitions of this notice [or if the said nuisance, though abated, is likely to recur] a summons will be issued requiring your attendance before a Court to answer a complaint which will be made for the purpose of enforcing the abatement of the nuisance, or prohibiting the recurrence thereof, or both, and for recovering the costs and penalties that may be incurred thereby, DAD TBS cicceivnsewnec AY OL. cacasasesancveesies 20..s0s2000 Signatureof Officer of Health Authority, No. 17 The Public Health Act 2023 64 FORMC (Section 98) FORM OF SUMMONS. Summons. sss ssesesses sesssse To A.B, Ofsess vessn,[OF 10 the Qwner or occupier of] [describe be sufficient to premises] situated [insert such description of the situation as may identify the premises]. You are required to appear before [describe the tribunal] at the Court holden ...... in the Abc ccccseteevsveeseseeee ON THE vse. day of.........next at the hour of vero ccses noon, to answer the complaint this day made to Me BY...1+ v0 vee situated at that at the premises above mentioned [or at certain premises cee cee Offtae cer see anees NO occ cscEM ose ves cece SEPCCE EM ce cc cence [or insert any other ] in the Health description or reference as may be sufficient to identify the premises exists [describe Area of [describe the Health Authority] the following nuisance is summoned ], and the nuisance and add, where the person causing the nuisance of you A.B. that the said nuisance is caused by the act, default or sufferance say, to answer [Where the nuisance is discontinued, but is likely to be repeated, about ...... day the complaint, etc. that at, etc, there existed recently, to wit, on or e and add, where Offos sss seesseees sevens evry the following nuisance (describe the nuisanc e was caused, the person causing the nuisance is summoned, and that the nuisanc last-mentioned day been etc.) and although the said nuisance has since the said at the abated or discontinued that the same or the like nuisance is likely to recur said premises] ‘ Given under my hand and seal this...... day Of........02c0ce0s 20... No. 17 The Public Health Act 2023 65 FORM D (Sec. 22) FORM OF NUISANCE ORDER. TOA‘B: Ob, vcccusscesvesvessasaratsiaresss Heesausten soei oes [or to the owneror occupier of] (describe premises) situated [insert such description of the situation as may be sufficient to identify the premises ]. Whereas the said A.B (or the owner or occupier of the said premises within the meaning of the Public Health Act, 2022} has this day appeared before me [or us, describing the Court] to answer the matter ofa complaint made by, etc., that at, etc., [follow the words of complaint in summons ] [or in case the party charged do not appear, say, Whereas it has been now proved to my [or our] satisfaction that a summons has been duly served according to the Public Health Act, 2022, requiring the said A.B. [or the owner or occupier of the said premises] to appear this day beforeme [or us] to answer the matter of a complaint made by, etc., that at, etc.] [Any of the following orders may be made or a combination of any of them as the caseseems to require.] Abatement Now on proof here had before me {or us} that the nuisance so Order. complained of does exist at the said premises {add, where the order is made on the person causing the nuisance, and that the same is caused by the act, default or sufferance of A.B. I (or we} in pursuance of the Public Health Act 2022, do order the said A.B (or the said owner or occupier) within {specify the time} from the service of this order, according to the said Act{here specify the nuisance to be abated, as for instance, to prevent the premises being a nuisance or injurious or dangerous to health, or, for further instance, to prevent the ditch or drain being a nuisance or injurious to health][and state any works to be executed as for instance, to whitewash and disinfect the premises or, for further instance, to clean out the ditch} 66 No. 17 The Public Health Act 2023 Prohibition And I [or we] being satisfied that, notwithstanding the said nuisance Order No. 1 may be . temporarily abated under this order, the same is likely to recur, do therefore prohibit the said A.B [or the said owner or occupier] from allowing the recurrence of the said ora like nuisance, and for that purpose I [or we] direct the said A.B [or the said owner or occupier] [here specify any work to be executed as for instance, to fill up the ditch]. Prohibition Now, on proof here had before me [or us] that at or recently before Order No. 2. the time of making the said complaint, to wit, on....... the nuisance so complained of did exist at the said premises, but that the same has since been abated [add, where the order is made on the person causing the nuisance, and that the nuisance was caused by the act, default or sufferance of A.B.], yet, notwithstanding such abatement, I [or we] being satisfied that it is likely that the same or the like nuisance will recur at the said premises, do therefore prohibit [continue as in Prohibition Order No. 1]. Now, on proof here had before me [or us] that the nuisance is such as to Order. render the dwelling house [describe the house] situated at [insert such a description of the situation as may be sufficient to identify the dwelling house] unfit in my [or our] judgment for human habitation, I [or we] in pursuance of the Public Health Act, 2022, do hereby prohibit the use of the said dwelling house for human habitation. Given under the hand and seal of me (or the hands and seals of us, describing the Court] sistcianiaias au ABY. Ol vies Cav vacitsbassenvceeve neds Osatsmerttaceranesennes No. 17 The Public Health Act 2023 67 FORM E (Sec. 22) FORM OF NUISANCE ORDER TO BEEXECUTED BY HEALTHAUTHORITY. TS HBB 55 ecatinenceres sree [describe the Health Authority]. WHEREAS a complaint has been made by.............. that at certain premises situated at No. ......... IDs caerccen street, di: .; sccanecacevacsees [or insert any other description or reference as may be sufficient to identify the premises] in the Health Area Of. forcereias [describe the Health Authority] the following nuisance exists [describe the nuisance]. And it has been now proved to my for our] satisfaction that such nuisance exists, but that no owner or occupier of the premises, or person by whose act, default or sufferance the nuisance is caused, is known or can be found [as the case may be]. Now I [or we] in pursuance of the Public Health Act, 2022, do [continue as in any of the orders in Form D, with the substitution of the name of the Health Authority for that of A.B. or the owner or occupier]. Given under the hand and seal of me (or the hands and seals of us, describin g the Court] THIS. ssseertrerrnnenenessesses Ov ssessersse nOAy sesssesnenmmsvers 20 ssbeesuseseeeec Act 2023 No. The Public Health 68 FORM F (Section. 91) PREMISES. WARRANT FOR ENTRY TO Act, 2022, to ed under the Public Health a) on authoris WHEREAS A.B., being a pers ication to me, C.D. e the premises] has made appl enter certain premises [describ jurisdiction in and for ce/Paramount Chief, having Magistrate/Justice of the Pea premises, and e the said A.B. to enter the said (describe the place) to authoriz reasonable ground information on oath that there is whereas I, C.D., am satisfied by , t to such premises been a refusal or failure to admi for such entry, and that there has e/Justice the intention to apply to a Magistrat and either that reasonable notice of n, or that the giving of f for a warrant has been give of the Peace/Paramount Chie Paramount Peace/ y to a Magistrate/Justice of the notice of the intention to appl at the object of the entry: © Chief for a warrant would defe abl e cause to believe on on oath that there is reason [or am satisfied by informati ic Health Act, 2022, or es a contravention ofthe Publ that there is on the said premis or notice ofan mad e und er that Act, and that an application for admission ofa Rule y: ld defeat the object of the entr application for a warrant wou r the said C.D., do hereby authorize the said A.B to ente Now, therefore, 1, the said require, and there e, with such assistants as he may premises, and if need be by forc this Act. execute his duties under 4 describing me (or the hands and seals of us, * Given under the hand and seal of the Court] arcnsceerseennenssenoears oe oes Of... cegeneeeeeereesersneennsneess DD seress This. sscssscrscsessosercorsenesssers er No. 17 The Public Health Act 2023 re) FORMG (Section. 98) FORM OF CONVICTION, THE PUBLIC HEALTHACT, 2022. Be it remembered, that on the ..... day of.............in the year of our Lord.............4.B. is convicted before me [or us] [here describe the offence generally and the time and place when as near thereunto as may be done] contrary to the Public Health Act, 2021, and I [or we] adjudge that the said A.B has Sorfeited for his said offence the sum of Le.......... [amount of penalty adjudged], and that he do pay to C.D. [the person prosecuting] the further sum of Le...............as and for his costs in this behalf. Given under my hand and seal [or our hands and seals] the day and year first above written. The Public Health Act 2023 70 No. 17

SECOND SCHEDULE (Sec. 26 (2)) SES OFA PUBLIC NOTIFIABLE DISEASES AND INFECTIOUS DISEA HEALTHINTEREST a) The following diseases, namely - yellow fever; plague; cholera; typhus; relapsing fever; typhoid; para-amoebic fever; dysentery (bacillary and amoebic), acute poliomyelitis and polio encephalitis; chicken pox; tuberculosis; trypanosomiasis, severe acute respiratory syndrome; viral hemorrhagic fevers; ebola; corona virus No. 17 The Public Health Act 2023 71 NUMBER OF PERSONS PERMITTED TO USEA HOUSE FOR SLEEPING For the purposes of section 76 “the number permitted" means in relation to any house the number specified as follows - Where a house consist of Number Permitted One room 2 Two rooms 3 Three rooms 5 Four rooms TM Five rooms or more 10 with an additional 2 in respect of each room in excess of five. Provided that no regard shall be considered to any room having a floor area of less than 50 sq. ft. The Public Health Act 2023 2 No. a inthe year of our Lord Passed in Parliament this 18th day of November, two thousand and Twenty Two. PARAN UMAR TARAWALLY, Clerk of Parliament. red by me with the Bill Tus PRINTED IMPRESSION has been carefully compa be a true and correct printed copy which has passed Parliament and found by me to ; of the said Bill. PARAN UMAR TARAWALLY, Clerk of Parliament. PRINTING DEPARTMENT, SIERRA LEONE. PRINTED AND PUBLISHED BY THE GOVERNMENT 2023. GazerTe Extraorpinary No, 30 oF 12TH May,