6.—(1) An authorised officer may, for the purposes of these Regulations, inspect any aircraft at a customs airport.
(2) The medical officer or other authorised officer acting on the medical officer’s instructions shall—
(a)inspect on arrival any aircraft in respect of which the commander has sent a communication under regulation 11;and
(b)inspect any aircraft when he has reasonable grounds for believing that there is on board an infected person or suspected person.
(3) The medical officer or other authorised officer acting on the medical officer’s instructions may require any aircraft which he intends to inspect under this regulation to be taken to some safe and convenient part of the customs airport for such inspection if it cannot otherwise be carried out effectively.
(4) The inspection of an aircraft under paragraph (1) or (2) may include taking from the aircraft of samples of food or water for analysis or examination.
(5) The analysis or examination under paragraph (4) must be—
(a)with a view to the treatment of persons affected with any epidemic, endemic or infectious disease and for preventing the spread of such a disease; or
(b)for preventing other danger to public health.
F17.—(1) The medical officer may, and if so requested by the commander or required by the Department, shall, examine any person on board or leaving an aircraft at a customs airport where there are reasonable grounds for suspecting that the person—
(a)is an infected person;
(b)is a suspected person; or
(c)is verminous.
(2) The authorised officer may—
(a)detain any such person for such examination at a place appointed for the purpose;
(b)require the clothing and other articles belonging to any person so examined to be disinfected and, where necessary, disinsected;
(c)require any person found to be verminous to be disinsected;
(d)except as provided in regulation 28, prohibit any person so examined from leaving the airport, or permit him to leave it on such conditions and subject to the taking of such measures, as the authorised officer considers reasonably necessary for preventing the spread of infection or other danger to public health; and
(e)require the commander to take or assist in taking such steps as in the opinion of the medical officer are reasonably necessary for preventing the spread of infection, or other danger to public health, for disinsection and the destruction of vermin and for the removal of conditions on the aircraft likely to convey infection, or other danger to public health, including conditions the existence of which might facilitate the harbouring of insects or vermin.
Textual Amendments
F1Regs. 7, 8 applied as inserted by 2013 SR246 reg. 11(7)(e) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/246), regs. 1(1), 11(7)(e))
Commencement Information
F18.—(1) Where a person intending to leave an aircraft at a customs airport is an infected person or a suspected person, the medical officer may—
(a)cause such person on leaving the aircraft to be isolated, or to be sent to a hospital or to some other suitable place approved for that purpose by the Board; or
(b)except as provided in regulation 28, the medical officer may, by notice in writing to the commander, prohibit the person from leaving the aircraft without the written consent of the medical officer;
(2) Where the Department is satisfied that a grave danger to public health exists by reason of infectious disease and notifies medical officers accordingly, the medical officer may, and if the Department so directs, shall require a person leaving an aircraft at a customs airport to state in writing his name and intended destination and address.
Textual Amendments
F1Regs. 7, 8 applied as inserted by 2013 SR246 reg. 11(7)(e) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2013 (S.R. 2013/246), regs. 1(1), 11(7)(e))
Commencement Information
9. The authorised officer at a customs airport shall inform the customs officer of any measure applied by him or at his direction, under these Regulations, to an aircraft, any person thereon, or its stores, equipment or cargo.
10. The commander of a aircraft at a customs airport shall—
(a)answer all questions as to the health conditions on board which may be put to him by an authorised officer or a customs officer, and furnish any such officer with all such information and assistance as he may reasonably require for the purposes of these Regulations;
(b)notify the authorised officer immediately of any circumstances on board which are likely to cause the spread of infectious disease, including particulars as to the sanitary conditions of the aircraft and the presence of animals or captive birds of any species, mortality or sickness among such animals or birds, on the aircraft;
(c)comply with these Regulations, and with any directions or requirements of an authorised officer given or made for the purposes of these Regulations.
11.—(1) Where the commander of an aircraft becomes aware of an event described in paragraph (2), he shall send a communication to the authorised officer, manager or owner of the first customs airport where the aircraft is due to land.
(2) The event referred to in paragraph (1) is that there is on board the aircraft during the flight a person who—
(a)has died otherwise than as a result of an accident;
(b)is an infected person; or
(c)has symptoms which may indicate the presence of an infectious disease, or other danger to public health.
(3) Immediately following a report under paragraph (1) the commander of the aircraft shall send a radio message or other communication about the event to one of the persons mentioned in paragraph (4) at the first customs airport at which the aircraft is due to land.
(4) The persons referred to at paragraph (3) are—
(a)the authorised officer;
(b)the manager of the customs airport; or
(c)the owner of the customs airport.
(5) If such radio message or other communication is sent to the authorised officer, he shall immediately notify the customs officer of its contents.
(6) If such radio message or other communication is sent to the manager or owner of the customs airport he shall immediately notify the authorised officer and the customs officer of its contents.
(7) The owner or manager of an aerodrome or any person deputed to act on his behalf, shall inform the authorised officer of any aircraft arriving at that aerodrome which during its flight last landed at such aerodrome as may be notified by the medical officer.
(8) The information required under paragraph (7) shall be given to the authorised officer before or immediately after the arrival of the aircraft mentioned therein.
(9) The medical officer may require the commander of an aircraft to complete the Health Part of the Aircraft General Declaration in the form set out in Schedule 1.
(10) The Health Part of the Aircraft General Declaration completed in accordance with paragraph (9) shall be delivered to the authorised officer by the commander of the aircraft, or by a member of the crew deputed to act on his behalf.
12.—(1) Where—
(a)the presence of rodents is suspected on board an aircraft, or
(b)an aircraft is infected because a plague-infected rodent is found on board on arrival,
the authorised officer may require the aircraft to be deratted.
(2) The authorised officer may require an aircraft, together with such of its contents as he may specify, to be disinfected where the aircraft is infected because an animal infected or suspected of being infected with plague, lassa fever, viral haemorrhagic fever or marburg disease is found on board on arrival.
(3) The commander of an aircraft which is at an aerodrome or a member of the crew deputed to act on his behalf, or in the absence of the crew the person for the time being in charge of the aircraft shall inform the authorised officer of the presence or suspected presence of rodents on the aircraft.
(4) An authorised officer must ensure that a measure he requires under paragraph (1) or (2) consists of methods or materials advised by WHO, unless the authorised officer determines that other measures are as safe and reliable.
(5) An authorised officer under paragraph (1) or (2) may require additional health measures to be applied for preventing danger to public health or the spread of infection in accordance with Article 43 of the IHR (additional health measures) including isolation of the aircraft.
(6) The responsible authority must report the application of any such additional health measures to the National IHR focal point.
13.—(1) Where on the arrival of an aircraft at a customs airport the medical officer has reasonable grounds for believing that the aircraft may be an infected aircraft or a suspected aircraft, or any other aircraft which has had on board during the voyage a case of plague, cholera, yellow fever or smallpox in respect of which the aircraft has not outside the United Kingdom been subjected to appropriate measures equivalent to those provided for in these Regulations, he may cause the aircraft to be detained for inspection.
(2) If the medical officer has caused an aircraft to be so detained, he shall inform the person in charge of the customs airport of such detention and send a notice in writing of such detention to the customs officer.
14. If a customs officer receives in respect of an aircraft a notice in writing from the medical officer under regulation 13, he shall, if he visits the aircraft before the medical officer, deliver the notice to the commander and take all reasonable steps to secure compliance therewith.
15. Where on the arrival of an aircraft at a customs airport it appears to a customs officer that during the voyage of the aircraft—
(a)there has been on the aircraft an event mentioned in regulation 11(2) ; or
(b)the aircraft has been in an area infected with plague, cholera, yellow fever or smallpox; or
(c)death not attributable to poison or other measures for destruction of rodents has occurred amongst animals or captive birds on the aircraft,
he shall, unless the authorised officer otherwise directs, give such directions as seem necessary to him to secure the detention of the aircraft, the persons carried thereon, and its stores, equipment and cargo.
16. The detention of an aircraft by a customs officer under these Regulations shall cease as soon as the aircraft has been inspected by an authorised officer or, if such inspection has not commenced within 3 hours after the aircraft has been so detained, on the expiration of that period: provided that nothing in this regulation shall affect the power of the authorised officer to isolate an aircraft under regulation 6 or of the medical officer to continue the detention of an aircraft under regulation 17.
17.—(1) The medical officer shall inspect any aircraft and the persons carried thereon as soon as possible and in any case within 3 hours after it has been detained under these Regulations.
(2) If the aircraft is one to which the authorised officer is required by these Regulations to apply any further or additional measure, or if after such inspection the medical officer considers it necessary to apply any further or additional measure under these Regulations, the medical officer may continue the detention of the aircraft, if such continued detention is necessary for the application of that further or additional measure.
18. When the authorised officer releases an aircraft from detention he shall give notice in writing to the customs officer, to the commander of the aircraft and to the person in charge of the customs airport that, so far as control under these Regulations is concerned, the aircraft is free to proceed at or after a date and time stated in the notice.
19. On the arrival of an aircraft at a customs airport, the medical officer may place under surveillance for the appropriate period specified in regulation 28(1)—
(a)any person disembarking from the aircraft who has come from an area infected with cholera, smallpox or viral haemorrhagic fever; and
(b)any suspected person disembarking from the aircraft who has come from an area infected with yellow fever, plague, lassa fever, viral haemorrhagic fever or marburg disease.
20. The medical officer shall, if so required by a commander of an aircraft on arrival at a customs airport require the medical officer to cause any infected person to be removed from the aircraft.
21.—(1) Where—
(a)an authorised officer considers that there should be applied to an aircraft which lands at an aerodrome or to any person carried on such an aircraft measures under these Regulations; and
(b)that aerodrome is not able to apply the measures;
he may direct that the aircraft or the person proceed to a customs airport that is able to apply the measures.
(2) Where an authorised officer gives a direction under paragraph (1), he shall give the commander of the aircraft concerned notice in writing of the direction which shall include the reasons for the direction.
22. Without prejudice to any other provision in these Regulations, the additional measures in Schedule 2 shall be applicable on the arrival of—
(a)any infected aircraft or suspected aircraft;
(b)any aircraft which has during its voyage been in an area infected with plague, cholera, yellow fever, lassa fever, rabies, viral haemorrhagic fever or marburg disease;
(c)any suspected person in relation to smallpox on a aircraft other than an infected aircraft;
(d)any other aircraft or person, when the authorised officer is satisfied that, notwithstanding that measures equivalent to such additional measures have been applied to the aircraft or person on board previously during its voyage, there is on board or has been on board since such previous application an infected person or suspected person and that it is necessary again to apply any such measures, or the authorised officer has reasonable grounds for believing that such previous measure was not substantially effective.
23.—(1) Where an aircraft lands elsewhere than at a customs airport—
(a)the commander shall forthwith give notice to that effect to the responsible authority or a customs officer and, if the aircraft has landed at an aerodrome, to the person in charge thereof;
(b)except for the purpose of sub-paragraph (a), a person carried by the aircraft shall not leave its vicinity unless authorised to do so by the authorised officer, and any person so authorised shall inform such officer of his name and his intended destination and address, but this sub-paragraph shall not be construed as dispensing with the necessity to secure any consent arising under any other enactment;
(c)these Regulations shall apply as if the aircraft had landed at a customs airport except that—
(i)in the case of conflict between any provision of the regulations and the provisions of sub-paragraph (a) or (b), sub-paragraph (b) shall prevail;
(ii)an authorised officer or a customs officer may nevertheless require the aircraft, or persons carried on the aircraft, or the stores, equipment or cargo of the aircraft to proceed or to be taken to a customs airport;
(iii)the regulations shall be modified as necessary to enable their application in the circumstances described in this regulation.
(2) If any person who has informed an officer under this regulation of his intended destination and address arrives within fourteen days therefore at some other address, he shall forthwith send particulars of that address to the medical officer for the Board area at which he left the aircraft.
24. In the case of an aircraft which has commenced its voyage at a place within the excepted area and has not during its voyage landed at any place outside the area—
(a)the commander shall not be bound to comply with the provisions of regulation 10 or 23(1)(a) unless he has been notified by the medical officer that compliance with those provisions is necessary because of danger to public health;
(b)no person carried by the aircraft shall be bound by the provisions of regulation (23)(1)(b)or (c) unless he has been notified by the medical officer that those provisions apply to him because of danger to public health;
(c)the powers and duties conferred or imposed on the medical officer by regulations 6(2), 7(1), 8, 13(1),17(1) and (2), 19, 20, and 22 shall not be exercised or performed unless the medical officer is satisfied, or the Department has directed, that the exercise of the powers or the performance of the duties conferred or imposed by those provisions is necessary because of danger to public health;
(d)the powers and duties conferred on a customs officer or authorised officer by regulation 15 shall not be exercised or performed unless the Department has directed, or the medical officer is satisfied and has so informed the customs officer or authorised officer, that the exercise of the powers or the performance of the duties conferred or imposed by that regulation is necessary because of danger to public health.