Public Health Act 1997

If an amendment to a guideline is made under section 17A(1), a person does not commit an offence under – section 184(5) by failing to comply with the guideline; or another provision, of this Act, an element of which consists of failing to comply with the guideline – if the person is an unnotified person in respect of the offence.

For the purposes of subsection (1), a person is an unnotified person in respect of an offence if – the person commits the offence only by failing to comply with a provision, of a guideline, to which an amendment under section 17A(1) relates; and had the amendment not come into force, the act, or failure of the person to act, that constituted in whole or in part the failure to comply with the provision of the guideline would not have constituted a failure to comply with the provision; and the offence is alleged to have been committed after the amendment came into force but before – the day on which public notice of the amendment of the guideline is given under section 184(4); or the day on which notice of the revocation of the amendment is given to the person under section 17B(2); and notice of the amendment was not given to the person under section 17B(1).

If a guideline is revoked under section 17A(1), a person does not commit an offence under – section 184(5) by failing to comply with the guideline; or another provision, of this Act, an element of which consists of failing to comply with a guideline – if the person is an unnotified person in respect of the offence.

For the purposes of subsection (3), a person is an unnotified person in respect of an offence if – the person commits the offence only by complying with a provision, of a guideline, to which a revocation under section 17A(1) relates; and had the revocation not come into force, the act, or failure of the person to act, that constituted in whole or in part the failure to comply with the provision of the guideline would not have constituted a failure to comply with the provision; and the offence is alleged to have been committed after the revocation came into force but before – the day on which public notice of the revocation of the guideline is given under section 184(4); or the day on which notice is given to the person under section 17B(2) that the revocation is of no effect; and notice of the revocation was not given to the person under section 17B(1).

If an amendment to a guideline made under section 17A(1) is revoked under section 17A(3), a person does not commit an offence under – section 184(5) by failing to comply with the guideline; or another provision, of this Act, an element of which consists of failing to comply with the guideline – if the person is an unnotified person in respect of the offence.

For the purposes of subsection (5), a person is an unnotified person in respect of an offence if – the person only commits the offence by failing to comply with a provision, of a guideline, to which an amendment under section 17A(1) relates; and had the amendment not been revoked under section 17A(3), the act, or failure of the person to act, that constituted in whole or in part the failure to comply with the provision of the guideline would not have constituted a failure to comply with the provision; and the offence is alleged to have been committed after the amendment was revoked under section 17A(3) but before the end of the period of 30 days after the emergency declaration that was in force when the amendment was made ceases to be in force; and notice of the revocation was not given to the person under section 17B(2).

If a revocation under section 17A(1) of a guideline is declared to be of no effect under section 17A(5), a person does not commit an offence under – section 184(5) by failing to comply with the guideline; or another provision, of this Act, an element of which consists of failing to comply with the guideline – if the person is an unnotified person in respect of the offence.

For the purposes of subsection (7), a person is an unnotified person in respect of an offence if – the person only commits the offence by failing to comply with a provision, of a guideline, to which a revocation under section 17A(1) relates; and had a declaration not been made under section 17A(5) in relation to the revocation, the act, or failure of the person to act, that constituted in whole or in part the failure to comply with the provision of the guideline would not have constituted a failure to comply with the provision; and the offence is alleged to have been committed after the declaration was made under section 17A(5) but before the end of the period of 30 days after the emergency declaration, that was in force when the amendment was made, ceases to be in force; and notice of the declaration under section 17A(5) was not given to the person under section 17B(2).