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WELSH STATUTORY INSTRUMENTS


2007 No. 1901 (W.162)

PUBLIC HEALTH, WALES

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

  Made 3 July 2007 
  Laid before the National Assembly for Wales 4 July 2007 
  Coming into force 1 August 2007 

The Welsh Ministers, with the consent of the Commissioners for Her Majesty's Revenue and Customs[1], makes the following Regulations in exercise of the powers conferred by section 13 of the Public Health (Control of Disease) Act 1984[2]:

Citation, commencement, application and interpretation
     1. —(1) These Regulations are called the Public Health (Ships) (Amendment) (Wales) Regulations 2007 and come into force on 1 August 2007.

    (2) These Regulations apply in relation to Wales.

    (3) In these Regulations "the principal Regulations" means the Public Health (Ships) Regulations 1979[
3].

Amendment of regulation 2 of the principal Regulations
     2. —(1) In regulation 2(1) of the principal Regulations (interpretation)—

    (2) Omit regulation 2(2) and (3).

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. —(1) In regulation 4(1) of the principal Regulations (enforcement and execution of regulations), for "health authority" substitute—

    (2) For paragraph (2) substitute—

Substitution of regulation 5 of the principal Regulations
    
5. For regulation 5 of the principal Regulations (appointment and duties of authorised officers and provision of services by health authorities) substitute—

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

Amendment of regulation 7 of the principal Regulations
    
7. —(1) In regulation 7(2)(a) of the principal Regulations (inspection of ships), for "health authority" substitute—

    (2) For paragraph (3) substitute—

Amendment of regulation 9 of the principal Regulations
    
8. —(1) In regulation 9 of the principal Regulations (examination, etc., of persons on ships)—

Amendment of regulation 10 of the principal Regulations
    
9. For regulation 10(1)(a) of the principal Regulations (powers in respect of certain persons on ships), substitute—

Amendment of regulation 11 of the principal Regulations
    
10. In regulation 11(1)(b), after "infectious disease" insert—

Substitution of regulation 12 of the principal Regulations
    
11. For regulation 12 of the principal Regulations (radio permission to enter district), substitute—

Amendment of regulation 13 of the principal Regulations
    
12. —(1) Regulation 13 of the principal Regulations (notification of infectious disease, etc., on board) is amended in accordance with this regulation.

    (2) in paragraph (1)—

    (3) For paragraph (2), substitute—

    (4) For paragraph (3), substitute—

Omission of regulation 14 of the principal Regulations
    
13. Omit regulation 14 (signals) of the principal Regulations.

Amendment of regulation 15 of the principal Regulations
    
14. —(1) In regulation 15(1) of the principal Regulations (Maritime Declaration of Health), omit from "Provided that" to the end of the paragraph.

    (2) In paragraph (2), for "health authority" substitute—

Amendment of regulation 16 of the principal Regulations
    
15. In regulation 16 (Maritime Declaration of Health), after "infectious disease" insert—

Omission of regulations 18, 19 and 20 of the principal Regulations
    
16. Omit regulations 18, 19 and 20 of the principal Regulations (Deratting Certificates and Deratting Exemption Certificates).

Insertion of new regulations 18A to 18D of the principal Regulations
    
17. Insert new regulations 18A to 18D before regulation 21 of the principal Regulations (detention of ships, and ships to be taken to mooring stations), as follows—

Amendment of regulation 21 of the principal Regulations
    
18. In regulation 21(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—

Amendment of regulation 23 of the principal Regulations
    
19. In regulation 23 of the principal Regulations (detention of ships, and ships to be taken to mooring stations), omit paragraph (a).

Substitution of regulation 24 of the principal Regulations
    
20. For regulation 24 of the principal Regulations (detention of ships, and ships to be taken to mooring stations), substitute—

Amendment of regulation 30 of the principal Regulations
    
21. For regulation 30(a) of the principal Regulations (persons from infected areas), substitute—

Amendment of regulation 33 of the principal Regulations
    
22. In regulation 33 of the principal Regulations (examination, etc., of persons proposing to embark)—

Amendment of regulation 34 of the principal Regulations
    
23. In regulation 34 of the principal Regulations (infected places in England and Wales), omit—

Amendment of regulation 36 of the principal Regulations
    
24. For regulation 36(2) of the principal Regulations (surveillance) substitute—

Substitution of regulation 38 of the principal Regulations
    
25. —(1) For regulation 38 of the principal Regulations (charges for services) substitute—

Substitution of regulation 40 of the principal Regulations
    
26. For regulation 40 of the principal Regulations (expenses of health authorities) substitute—

Omission of regulation 41 of the principal Regulations
    
27. Omit regulation 41 of the principal Regulations (saving for mails).

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

Substitution of Schedule 2 to the principal Regulations
    
29. For Schedule 2 to the principal Regulations (Maritime Declaration of Health) substitute—



Substitution of Schedule 3 to the principal Regulations
     30. For Schedule 3 to the principal Regulations (Deratting Certificate and Deratting Exemption Certificate) substitute—



Amendment of Schedule 4 to the principal Regulations
     31. —(1) Schedule 4 to the principal Regulations (Additional Measures with Respect to the Diseases Subject to the International Health Regulations) is amended as follows.

    (2) For the heading to Schedule 4 substitute—

    (3) In Part 1 (plague)—

    (4) In Part II (cholera), omit "Regulation 9(5)".

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

    (6) For the heading to Part V substitute—

    (7) In paragraph (2)(a) of Part V, for "Deratting Exemption Certificate" substitute—

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

Transitional arrangements
    
33.. A local authority or authorised officer must treat—


Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers

3 July 2007



The following Commissioners for Her Majesty's Revenue and Customs have consented to these Regulations being made


Mike Eland

Dave Hartnett.


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Public Health (Ships) Regulations 1979[
9] ("the principal Regulations") which provide for public health control of ships arriving at or leaving ports in England and Wales.

The Regulations apply in relation to Wales. They come into force on 1 August 2007, after the International Health Regulations 2005 (IHR) of the World Health Organization come into effect. (The full text of the IHR is available on the WHO website, www.who.int/est/ihr/IHRWHA58_3_en.pdf).

The Regulations implement in Wales provisions of the IHR on ship sanitation certificates (note regulations 17, 3 and 33) and otherwise amend or update the principal Regulations. In particular the Regulations provide for health authority functions under the principal Regulations to become local authority functions and alter provisions about charging by local authorities (regulation 25).

A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from Stephanie Peaper at Cathays Park, Cardiff, CF10 3NQ. Email Stephanie. [email protected].


Notes:

[1] Section 13(4) of the Public Health (Control of Disease) Act 1984 provides that regulations require the consent of the Commissioners of Customs and Excise in so far as they relate to enforcement and execution by officers of customs and excise. The functions of the Commissioners of Customs and Excise were transferred to the Commissioners for Her Majesty's Revenue and Customs by section 5(2) of the Commissioners for Her Majesty's Revenue and Customs Act 2005 (c. 11). By section 50(1) of that Act, a reference in an enactment to the Commissioners of Customs and Excise is taken as a reference to the Commissioners for Her Majesty's Revenue and Customs.back

[2] 1984 c. 22. Functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672, article 2 and Schedule 1. Those functions were transferred to Welsh Ministers by section 162 and Schedule 11, paragraph 30 of the Government of Wales Act 2006.back

[3] S.I. 1979/1435.back

[4] 1998 c. 17.back

[5] 1995 c. 21.back

[6] 1968 c. 59.back

[7] 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

[8] 1952 c. 21.back

[9] S.I. 1979/1435.back



Cymraeg (Welsh)



ISBN 978 0 11 091593 7


 © Crown copyright 2007

Prepared 8 August 2007


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URL: http://www.bailii.org/wales/legis/num_reg/2007/20071901e.html