Law On Health And Social Preparedness (Health Preparedness Act)

Original Language Title: Lov om helsemessig og sosial beredskap (helseberedskapsloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2000-06-23-56

Law on Health and Social Preparedness (Health Preparedness Act).


Date LOV-2000-06-23-56


Ministry of Health and Care Services

Edited
LOV-2016-06-17-48


Published in 2000 Booklet 13


Commencement 01/07/2001

Changes
LOV-1955-12-02-2

Promulgated


Short Title
Health Preparedness Act - hlsberedskl.

Chapter Overview:

Chapter 1. Introductory provisions (§§ 1-1 - 1-5)
Chapter 2. Responsibility for the preparation and implementation (§§ 2-1 - 2-3)
Chapter 3. Requisition of real property, rights and personal property (§§ 3-1 - 3-5)
Chapter 4. service Obligation, assignment and registration (§§ 4-1 - 4-2)
Chapter 5. Other powers (§§ 5 -1 - 5.3)
Chapter 6. Miscellaneous provisions (§§ 6-1 - 6-5)
Chapter 7. Commencement and transitional provisions. Amendments to other laws (§§ 7-1 - 7-3)

Act title amended by Act 24 June 2011 no. 29 (ikr. January 1, 2012 acc. Res. 24 June 2011 no. 637). - Ref. Act 15 Dec 1950 no. 7. - Cf. Previous Act 2 Dec 1955. 2 about health preparedness.

Chapter 1. Introductory provisions

§ 1-1. The purpose and means The purpose of the Act is to protect people's lives and health and contribute to the necessary health care, health services and social services can be provided population during war and in crises and disasters in peacetime.
To safeguard the statutory purposes shall Businesses Act applies to continue and if necessary add and expand operations in wartime and during crises and catastrophes in peacetime, on the basis of the daily service, updated plans and regular exercises, as determined in or pursuant to law.

§ 1-2. The geographical scope King may issue regulations on the application of Svalbard and Jan Mayen and lay down special rules taking account of local conditions. The King may issue regulations if and to what extent this Act shall apply on Norwegian ships in foreign trade, the Norwegian civil aircraft in international traffic, and on installations and vessels working on the Norwegian Continental Shelf.

§ 1-3. Undertakings Act applies This Act applies to:

A)
public health and care services and social services, and municipal public health for Public Health Act, Chapter 2 and 3,

B)
private that according to law or agreement provide health services or social services to the population,

C)
private ones without formal ties to municipal, county, regional health authority or the state provides health care or social services,

D)
FSA,

E)
government food laboratories,

F)
private food laboratories,

G)
waterworks

H)
pharmacies, wholesalers and manufacturers of medicines.

Ministry may issue regulations providing that other businesses that provide materials, equipment and services which are important for health and care services and social services, to be covered by the law.

§ 1-4. Personnel Act applies This Act applies to personnel serving in operations Act applies. The Ministry may issue regulations providing that personnel who have served in such businesses, and specifically qualified personnel shall be covered by the law.

§ 1-5. When authorization provisions of the Act apply §§ 3-1, 4-1, 5-1 and 5-2 shall apply:

1.
When the kingdom is at war or when war is imminent,

2.
By emergencies or disasters in peacetime after the decision by the King. If it is necessary to safeguard life and health, the Ministry may make a preliminary decision on the application. Such a decision must be confirmed by the King as soon as possible. A decision on the application be granted for a limited period and a maximum of one month. The decision can be repeated for up to 1 month at a time.

Chapter 2. Responsibility for the preparation and implementation

§ 2-1. Responsibility principle The person responsible for a service, is also responsible for necessary emergency preparations and the executive service, including financing, in wartime and during crises and catastrophes in peacetime, unless otherwise provided in or pursuant to law. Similarly, the person who oversees a business, also oversee the company's readiness.

§ 2-2. Planning and requirements for emergency preparations and preparedness work Municipalities, counties, regional health authorities and the state must prepare a plan for the health care or social services they should provide an offer of or are responsible for. Municipalities should also draw up contingency plans for its responsibilities under Public Health Act, Chapter 3. The contingency plan shall also include services that by law or agreement offered by private companies as part of their respective services. It should also to the extent necessary drawn partial plans for relevant institutions and service areas.

Hospitals covered by § 1-3 first paragraph a and b, and businesses mentioned in the letters d and e are required to prepare contingency plans for the business.
Ministry may issue regulations requiring businesses mentioned in § 1-3 first paragraph c and f and businesses covered by the Act in accordance with § 1-3, second paragraph, shall be obliged to draw up contingency plans for the business. The Ministry may decide that the establishments mentioned to be included in the contingency plan as mentioned in the first paragraph.
Ministry may issue regulations on requirements for emergency preparations and preparedness efforts, including setting requirements for reliability, storage of materials and equipment, and for exercises and training of personnel.
Ministry may issue regulations requiring businesses by law to assure the quality of emergency preparations and preparedness work.

§ 2-3. Notification and Reporting Companies Act includes a duty to warn of conditions within the health and care services or social services that can provide a basis for action under this Act. Notice is given to the Ministry or the authority Ministry.
Ministry may order establishments mentioned in subsection formal reporting on matters of importance for health and care services or social services. The Ministry may issue regulations concerning the reporting obligation.

Chapter 3. Requisition of immovable property, rights and chattels

§ 3-1. Requisition When the conditions in § 1-5 are met, the Ministry with the limitations imposed by subsection against compensation claim ceded to the state to possess, use or other special disposal immovable property, rights and personal property of any kind needed for the use of health - care or social services, housing for personnel or storage of materials and equipment. Relinquishment to use includes the right to make the changes at the object or the immovable property which is deemed necessary.
Ownership of real estate can only be required to be surrendered under this law when the kingdom is at war or when war is imminent, and the cession purpose can not be achieved through time-limited right of use or other special authority over the property.
Ministry may grant permission for others may also require such waiver as referred to in the first paragraph. The second paragraph applies in this case accordingly. Ministry may decide that the person receiving the permit referred to in the first sentence, should cover the cost of surrender in whole or in part.
Ministry may give the owner or user of movable orders that thing must be made available at the specified location.
Cession may need to be completed immediately, even if compensation is not paid or provided for. Requisitioning authority shall then arrange to collect the descriptions and information necessary for determining compensation. Discretion under § 3.3 shall be held as soon as possible. When necessary, the cession carried by police assistance.
Claim for waiver shall be submitted in writing. When surrender has taken place, shall be issued in writing receipt with accurate indication of what is ceded, as well as time and place of surrender.

§ 3-2. Preparatory measures for the requisition As part of preparatory measures, the authorities designated by the King, pointing out movable and immovable property to be surrendered by § 3-1, and give the owner and user of movable orders that thing in specific cases shall be available at specified location.
Owner and user of movable or immovable duties required by the authorities to acknowledge receipt of notification of the action or orders as mentioned, as well as to provide information and to provide access for inspection. Movables can if necessary apply brought to specific place for inspection. Such orders shall be fulfilled without compensation, unless otherwise decided by the King.
Real estate and personal property can by decision of the authorities determined by the King, repaired or otherwise altered to be made fit for the purpose intended.

§ 3-3. Compensation Determination Compensation for waiver under § 3-1 and for losses and expenses incurred in complying with orders pursuant to § 3-2 determined in the absence of an amicable agreement, at the discretion under the Act on assessment and expropriation cases 1 June 1917 no. 1, unless otherwise determined or pursuant to this Act.
King may decide that judgment to be delivered by the committees appointed by Act of 29 June 1951 No.. 19 about military requisitions § 13 of the Act. § 14.

§ 3-4. Laying down fares Ministry may establish tariffs for the use of property, storage and personal property and for expenses of complying with an order pursuant to § 3-1 and § 3-2, first paragraph. The tariffs may be fixed for the entire country or for parts of it.


§ 3-5. Coordination of requisitions When military authorities have right of requisition by Act of 29 June 1951 No.. 19 about military requisitions, get § 8 ​​of the same Act shall apply correspondingly to claims for surrender under this Act to the extent decided by the King.

Chapter 4. Service Obligation, assignment and registration

§ 4-1. Service obligation and assignment When the conditions in § 1-5 are met, personnel assignment mandatory under § 1.4 is imposed by the employer to remain in service beyond normal working hours. Alike the ministry may order the personnel referred to appear before the specified location and perform closer assigned work within businesses Act applies.
Whoever makes an order under the first paragraph, second sentence, has command authority over the person receiving the order. Order pursuant to subsection shall have no other effects in the relationship between employee and employer. Work Act § 15-10 shall apply correspondingly to absence due to provisions of this Act.
Orders under subsection can not be given to pregnant women or to people under 18 or over 65 years.
When emergencies or disasters in peacetime may order pursuant to subsection not be given to people who are sole providers for children under 16 or disabled. In war or when war is imminent, should the same people as far as possible be exempted from the order mentioned. If orders are still given is the one who gives the order responsible for obtaining necessary care relief.
Service obligation under this section apply only to the extent available for deployment in defense is not precluded, unless otherwise provided by statute.
Under subsection applies irrespective of the provisions on working time in the Working Environment Act.

§ 4-2. Preparatory measures, registration and exercise duty Personnel assignment mandatory under § 4.1 are obliged to sign up and register, and to make himself available for the implementation of measures under the Act. Competent personnel are obliged to contribute to the necessary information for registration and allocation can be obtained. Personnel who are not subject to mobilization of the Armed Forces may in peacetime be required to attend courses and exercises of up to 3 weeks.
The provisions of § 4-1 second paragraph, second and third sentences apply correspondingly for participation in courses and exercises under this section. The same applies to the provision in the Working Environment Act § 12-12.
Ministry may issue regulations concerning implementation of registration.

Chapter 5. Other powers

§ 5-1. Responsibility, task and resource allocation When the conditions in § 1-5 are met, the Ministry may impose one or more activities covered by law to receive and provide necessary health care or social services to persons, irrespective of where these living or staying. The Ministry may also decide that such enterprise resources within health and care services or social services, including human resources, shall be made available to a municipality, a county, a regional health authority or the state.

§ 5-2. Restructuring and sales restrictions When the conditions in § 1-5 are met, the Ministry may require enterprises covered by the law completely or partially to reorient its activities, expand operations or move operations. Activities covered by § 1-3 first paragraph e and f, on the same conditions imposed restrictions on sales and ration their wares.

§ 5-3. Preparatory measures for the restructuring and sales restrictions in order to implement measures in accordance with § 5-2, the ministry may order the companies to perform specific preparations.

Chapter 6. Miscellaneous Provisions

§ 6-1. The financing costs by decree by §§ 3-1, 4-1, 5-1 and 5-2 paid by the state.
Ministry may order municipalities, counties and regional health authorities to provide full or partial reimbursement of expenses pursuant to subsection.

§ 6-2. Regulations The Ministry may issue regulations to supplement and implement this Act, including the supervision of planning and implementation of measures under the law and the administration and operation of health and care services and social services in wartime and during crises and disasters in peacetime.
When the conditions in § 1-5 are met, the King may issue regulations on the operation, organization and responsibilities which departs from current health care legislation.


§ 6-3. Relations with the Public Administration Act of 10 February 1967 relating to procedure in administrative matters apply to the processing of cases under this Act, unless otherwise provided in or pursuant to law. In time of war or emergencies or disasters in peacetime can advance notice to the parties omitted if advance notice may result in the case is delayed in an unfortunate way. The King may decide that decisions under this Act may not be required due to leave and not be appealed under war or emergencies or disasters in peacetime.

§ 6-4. Legal consequences of not complying with orders under the Act if an order pursuant to this Act that the state shall not examine the costs of under § 1.6, is not complied with within a reasonable specified time limit, can the order involves carried the owner's expense.
Claims for reimbursement of expenditure are enforceable by execution.

§ 6-5. Penalties Anyone who willfully or negligently violates this Act or regulations or orders issued pursuant thereto is punishable by fines or imprisonment of up to six months if the offense is subject a severe penalty.

Chapter 7. Commencement and transitional provisions. Amendments to other laws

§ 7-1. Commencement This Act comes into force when the King bestemmer.1 King may determine that certain provisions of the Act shall come into force at different times.
Same date repealed law on December 2, 1955. 2 about health preparedness.

§ 7-2. Transitional provisions The King may lay down transitional measures in connection with the law comes into force, including the demands and requirements in or pursuant to the Act must be met within a certain time limit.

§ 7-3. Amendments to other Acts From the time the law comes into force, the following amendments to other Acts - - -