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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2007 No. 515

PUBLIC HEALTH

The Public Health (Ships) (Scotland) Amendment Regulations 2007

  Made 20th November 2007 
  Laid before the Scottish Parliament 21st November 2007 
  Coming into force 14th December 2007 

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 1 of the Public Health (Scotland) Act 1945[1] and all other powers enabling them to do so.

Citation, commencement and interpretation
     1. —(1) These Regulations may be cited as the Public Health (Ships) (Scotland) Amendment Regulations 2007 and come into force on 14th December 2007.

    (2) In these Regulations "the principal Regulations" means the Public Health (Ships) (Scotland) Regulations 1971[
2].

Amendment of regulation 2 of the principal Regulations
     2. —(1) Regulation 2 of the principal Regulations (Interpretation) is amended in accordance with this regulation.

    (2) In paragraph (1)–

    (3) Omit paragraph (5).

Substitution of regulation 3 of the principal Regulations
     3. For regulation 3 of the principal Regulations (regulations not to apply to ships of the armed forces), substitute–

Amendment of regulation 4 of the principal Regulations
     4. In regulation 4 of the principal Regulations (enforcement and execution of regulations), for paragraph (2) substitute–

Omission of regulation 6 of the principal Regulations
    
5. Omit regulation 6 of the principal Regulations (list of infected areas).

Amendment of regulation 7 of the principal Regulations
    
6. In regulation 7 of the principal Regulations (inspection of ships), for paragraph (3) substitute–

Amendment of regulation 9 of the principal Regulations
    
7. In regulation 9 of the principal Regulations (examination, etc., of persons on ships) omit paragraphs (3) to (7).

Amendment of regulation 10 of the principal Regulations
    
8. In regulation 10(1) of the principal Regulations (powers in respect of certain persons on ships), for paragraph (a) substitute–

Amendment of regulation 11 of the principal Regulations
    
9. In regulation 11(1)(b) of the principal Regulations (supply of information etc., by masters), after "infectious disease" insert "or tuberculosis".

Substitution of regulation 13 of the principal Regulations
    
10. For regulation 13 of the principal Regulations (radio permission to enter a district), substitute–

Amendment of regulation 14 of the principal Regulations
    
11. —(1) Regulation 14 of the principal Regulations (notification of infectious disease, etc., on board) is amended in accordance with this regulation.

    (2) In paragraph (1)–

    (3) For paragraphs (1A) and (2) substitute–

Omission of regulation 15 of the principal Regulations
    
12. Omit regulation 15 (signals) of the principal Regulations.

Amendment of regulation 16 of the principal Regulations
    
13. In regulation 16 of the principal Regulations (Maritime Declaration of Health) omit the proviso.

Amendment of regulation 17 of the principal Regulations
    
14. In regulation 17 of the principal Regulations (Maritime Declaration of Health), after "infectious disease" insert "or tuberculosis".

Omission of regulations 19, 20 and 21 of the principal Regulations
    
15. Omit regulations 19, 20 and 21 of the principal Regulations (Deratting Certificates and Deratting Exemption Certificates).

Insertion of new regulations 19A to 19D of the principal Regulations
    
16. Insert new regulations 19A to 19D before regulation 22 of the principal Regulations (detention of ships, and ships to be taken to mooring stations), as follows–

Amendment of regulation 22 of the principal Regulations
    
17. In regulation 22(1) of the principal Regulations (detention of ships, and ships to be taken to mooring stations), for "a disease subject to the International Health Regulations" substitute "plague, cholera, yellow fever, smallpox, Lassa fever, rabies, viral haemorrhagic fever or Marburg disease".

Amendment of regulation 24 of the principal Regulations
    
18. In regulation 24 of the principal Regulations (detention of ships, and ships to be taken to mooring stations), omit paragraph (a).

Substitution of regulation 25 of the principal Regulations
    
19. For regulation 25 of the principal Regulations (detention of ships, and ships to be taken to mooring stations), substitute–

Amendment of regulation 31 of the principal Regulations
    
20. In regulation 31 of the principal Regulations (persons from infected areas), for paragraph (a) substitute–

Amendment of regulation 34 of the principal Regulations
    
21. In regulation 34 of the principal Regulations (examination, etc., of persons proposing to embark)–

Amendment of regulation 35 of the principal Regulations
    
22. In regulation 35 of the principal Regulations (infected places in Scotland), omit "subject to the International Health Regulations or with any other disease".

Amendment of regulation 37 of the principal Regulations
    
23. In regulation 37(2) of the principal Regulations (surveillance), for "an infected area" substitute "an area infected with such a disease".

Substitution of regulation 39 of the principal Regulations
    
24. For regulation 39 of the principal Regulations (charges for services) substitute–

Omission of regulation 42 of the principal Regulations
    
25. Omit regulation 42 of the principal Regulations (saving for mails).

Omission of Schedule 1 to the principal Regulations
    
26. Omit Schedule 1 to the principal Regulations (International Code of Signals).

Substitution of Schedule 2 to the principal Regulations
    
27. For Schedule 2 to the principal Regulations (Maritime Declaration of Health), substitute–



Substitution of Schedule 3 to the principal Regulations
     28. For Schedule 3 to the principal Regulations (Deratting Certificate and Deratting Exemption Certificate), substitute–



Amendment of Schedule 4 to the principal Regulations
     29. —(1) Schedule 4 to the principal Regulations (Additional Measures with Respect to the Diseases Subject to the International Health Regulations) is amended in accordance with this regulation.

    (2) For the heading to Schedule 4 substitute–



    (3) Omit the reference to regulation 9(5) in each place where it occurs.

    (4) In Part 1 (plague)–

    (5) In Part IV (smallpox), in paragraph (1) (Infected ships), omit "or who does not satisfy the medical officer that he possesses a valid International Vaccination Certificate".

    (6) In Part V (Lassa fever, rabies, viral haemorrhagic fever or Marburg disease), in paragraph (2)(a) (Infected ships and suspected ships), for "A Deratting Exemption Certificate" substitute "A Ship Sanitation Control Exemption Certificate".

Omission of Schedule 5 to the principal Regulations
    
30. Omit Schedule 5 to the principal Regulations (International Certificate of Vaccination or Revaccination Against Smallpox).

Transitional arrangements
    
31. A local authority or authorised officer must treat–


SHONA ROBISON
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
20th November 2007



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Public Health (Ships) (Scotland) Regulations 1971 (S.I. 1971/132, as previously amended by S.I. 1974/1008 and S.I. 1978/369) ("the principal Regulations") which provide for public health control of ships arriving at or leaving ports in Scotland.

The Regulations principally implement for Scotland the new arrangements for ship sanitation certificates introduced by the International Health Regulations 2005 of the World Health Organization ("the IHR 2005"), to replace the existing international deratting certificated system for ships. To that end, regulation 15 of these Regulations firstly removes regulations 19 to 21 of the principal Regulations which had provided for Deratting Certificates and Deratting Exemption Certificates. Regulation 16 then goes on to insert in to the principal Regulations new regulations 19A to 19D, to provide for applications for Ship Sanitation Control Certificates and Ship Sanitation Control Exemption Certificates, requiring production by a ship's master of such a certificate, validity and retention of such certificates. Both a "Ship Sanitation Control Certificate" and a "Ship Sanitation Control Exemption Certificate" are defined in regulation 2(1) by reference to the form of each of these two new ship sanitation certificates having to conform to the model in Annex 3 to the IHR 2005, which is inserted to, and reproduced at, Schedule 3 to the principal Regulations.

The Regulations otherwise amend or update the principal Regulations in consequence of the introduction of the new ships sanitation certificate regime, to include: now listing on the face of the regulations the diseases to which the principal Regulations are applicable in place of the previous reference to those "diseases subject to the International Health Regulations"; altering provisions about charging by local authorities for services provided in relation to inspecting ships, issuing ships sanitation certificates and any extension thereto (regulation 24 of these Regulations, amending regulation 39 of the principal Regulations); and replacing the previous Maritime Declaration of Health at Schedule 2 to the principal Regulations with a new form of Declaration (regulation 27 of these Regulations).

These Regulations come into force on 14th December 2007, the day before the day on which the current deratting certificate system will cease to be valid. Transitional arrangements are provided (regulation 31 of these Regulations) to ensure that any Deratting Certificate and Deratting Exemption Certificate which has already been issued will be treated during the period of its validity as though it is a Ship Sanitation Control Certificate or Ship Sanitation Control Exemption Certificate respectively.


Notes:

[1] 1945 (9 and 10 Geo. 6, c.15). The functions conferred on the Secretary of State under the 1945 Act were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

[2] S.I. 1971/132, as amended by S.I. 1974/1008 and S.I. 1978/369.back

[3] 1978 c.29.back

[4] Section 2(1) was amended by the Health Services Act 1980 (c.53), section 14(2) and Schedule 7, paragraph 1, the National Health Service and Community Care Act 1990 (c.19), section 28(a)(i) and the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), section 42(1) and schedule 2, paragraph 2(2).back

[5] 1994 c.39.back

[6] See the IHR reproduced at document A58/55 of the fifty-eighth World Health Assembly on the WHO website at www.who.int/est/ihr/IHRWHA58_3-en.pdf.back

[7] 1952 c.67.back



ISBN 978 0 11 080147 6


 © Crown copyright 2007

Prepared 26 November 2007


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URL: http://www.bailii.org/scot/legis/num_reg/2007/20070515.html