Revised Laws of Saint Lucia (2023)

40.   Imposition of restrictions and requirements

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    (1)   Where a person is required to be detained under section 39, the Chief Medical Officer may —

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      (a)     orally or in writing, impose on or in relation to a person one or more screening requirements to inform an assessment, of whether such person presents or may present a risk of infecting or contaminating others;

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      (b)     carry out an assessment in relation to that person;

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      (c)     following an assessment under paragraph (b), orally or in writing, impose on or in relation to that person any other restriction or requirement which the Chief Medical Officer considers necessary for removing or reducing the risk referred to in paragraph (a).

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    (2)   A decision to impose a restriction or requirement under subsection (1) may be taken if the Chief Medical Officer considers, when taking the decision, that the restriction or requirement is proportionate to what is sought to be achieved by imposing it.

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    (3)   A restriction or requirement imposed under subsection (1) by the Chief Medical Officer may be varied, orally or in writing, by the Chief Medical Officer.

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    (4)   Where a restriction or requirement under subsection (1)(c) is imposed on or in relation to a child, a person who is a parent or guardian in relation to the child must ensure that the child complies with the restriction or requirement, insofar as that person is reasonably able to do so.

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    (5)   Where a restriction or requirement is imposed orally on a person under this section, or a restriction or requirement imposed under this section is orally varied, the person, or, in the case of a child, a person who is a parent or guardian of the child must be provided with a written notification of the restriction or requirement that has been imposed or varied as soon as reasonably practicable.

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    (6)   Where a restriction or requirement is imposed under subsection (1)(c), the person imposing the restriction or requirement shall notify the detained person that the restriction or requirement is contingent on the incidence or transmission of COVID-19 constituting a serious and imminent threat to public health.

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    (7)   Subsection (1) does not affect the exercise of a power under section 41.