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

Substitution of regulation 39 of the principal Regulations

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

“Charges for services

39.— (1) A local authority may charge the owner or master of a ship for a service described in paragraph (2) in so far as the service is for preventing–

(a) danger to public health from a ship arriving in its district, or

(b) the spread of infection from a ship leaving its district.

(2) The services mentioned in paragraph (1) are–

(a) the inspection of the ship, or the application of measures required to be applied to the ship, in connection with the issue of a ship sanitation certificate in respect of the ship;

(b) the extension of the period of validity of a ship sanitation certificate; or

(c) the application, at the master’s request, of any other measure that the master of a ship is required by these Regulations to carry out.

(3) A charge for a service under paragraph (1)–

(a) must not exceed the actual cost of the service rendered;

(b) must be–

(i) published at least ten days in advance of being levied;

(ii) described sufficiently that the owner or master of the ship is reasonably informed of the likely amount of the charge; and

(c) must–

(i) be levied without any distinction based on the nationality, registry or ownership of the ship or containers, cargo, baggage, goods or postal parcels concerned; and

(ii) not distinguish between national and foreign ships or containers, cargo, baggage, goods or postal parcels.

(4) A local authority may require the whole or part of the amount of a charge for a service under paragraph (1) to be paid or deposited with it before the service is performed.

(5) At the master’s request, a local authority must provide the master of a ship with particulars in writing free of charge of–

(a) measures taken for which a charge under paragraph (1) is made; and

(b) the reasons why the measures were taken.

(6) At the request of a person in relation to whom measures have been taken, or of a person in possession of articles in relation to which measures have been taken, an authorised officer must provide particulars in writing free of charge of the measures taken for which a charge under paragraph (1) is made.

(7) Particulars under paragraph (6) shall include the date on which the measures were taken.”.