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

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Insertion of new regulations 19A to 19D of the principal Regulations

This section has no associated Executive Note

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–

Application for a Ship Sanitation Control Exemption Certificate or Ship Sanitation Control Certificate

19A.(1) Upon receipt of an application in writing from the owner of a ship or from the master acting for or on behalf of the owner for a ship sanitation certificate in respect of the ship–

(a)if the ship is within the area of an authorised port, an authorised officer must–

(i)inspect the ship to prevent danger to public health or the spread of infection with a view to issuing a ship sanitation certificate; and

(ii)either–

(aa)carry out, or cause to be carried out under the supervision of an authorised officer, control measures necessary for the control of danger to public health or the spread of infection with a view to issuing a ship sanitation certificate; or

(bb)otherwise take or cause to be taken any steps which he considers necessary to satisfy himself that the ship does not present a danger to public health and is free of infection;

(b)if the ship is not within the area of an authorised port, an authorised officer must–

(i)consult with a customs officer; and

(ii)direct the ship to proceed at the risk of the owner of the ship to an area of an authorised port convenient to the ship and the customs officer.

(2) If an authorised officer, after he has inspected a ship under paragraph (1)(a), is satisfied–

(a)that the ship is exempt from control measures, he must issue or cause to be issued a Ship Sanitation Control Exemption Certificate (provided he has complied with paragraph (3)); or

(b)that control measures have been completed to his satisfaction, he must–

(i)issue or cause to be issued a Ship Sanitation Control Certificate; and

(ii)note or cause to be noted on the certificate the evidence found and the control measures taken.

(3) An authorised officer must wherever possible issue or cause to be issued a Ship Sanitation Control Exemption Certificate only if the inspection of the ship was carried out when the ship and holds–

(a)were empty, or

(b)contained only ballast or other material that is of such a nature or so disposed as to make a thorough inspection of the holds possible.

Production of a ship sanitation certificate

19B.(1) If the master of a ship which, during its voyage has been in a foreign port, cannot produce to an authorised officer of the local authority for the district in which the ship arrives, or for any district at which the ship calls, a valid ship sanitation certificate in respect of the ship then–

(a)if the ship is within the area of an authorised port, an authorised officer may inspect the ship for evidence of danger to public health or infection with a view to issuing a ship sanitation certificate;

(b)if the ship is not within such an area, an authorised officer must–

(i)consult with a customs officer; and

(ii)direct the ship to proceed at the risk of the master of the ship to an area of an authorised port convenient to the ship and the customs officer.

(2) An authorised officer must issue, or cause to be issued, a Ship Sanitation Control Exemption Certificate if, after he has inspected a ship under paragraph (1)(a), the authorised officer is satisfied that the ship is exempt from control measures (provided he has complied with regulation 19A(3)).

(3) If, after a ship has been inspected by an authorised officer, the authorised officer is not satisfied that the ship is exempt from control measures he must–

(a)if the ship is within the area of an authorised port–

(i)carry out or require to be carried out under the supervision of an authorised officer control measures necessary for the control of danger to public health or the spread of infection; or

(ii)otherwise take or cause to be taken any steps which he considers necessary to satisfy himself that the ship does not present a danger to public health and is free of infection;

(b)if the ship is not within the area of an authorised port–

(i)consult with a customs officer;

(ii)direct the ship to proceed at the risk of the master of the ship to an area of an authorised port convenient to the ship and the customs officer;

(iii)at the time of the ship’s departure for the authorised port referred to in sub-paragraph (ii), inform an authorised officer of the authorised port of–

(aa)the evidence found; and

(bb)the control measures required; and

(iv)note or cause to be noted in any ship sanitation certificate the matters described at sub-paragraph (iii).

(4) If the master produces a ship sanitation certificate but the authorised officer has evidence of danger to public health or infection, notwithstanding such certificate the authorised officer must–

(a)either–

(i)carry out or require to be carried out under the supervision of an authorised officer control measures necessary for the control of danger to public health or the spread of infection; or

(ii)otherwise take or cause to be taken any steps which he considers necessary to satisfy himself that the ship does not present a danger to public health and is free of infection;

(b)if the ship is not within the area of an authorised port–

(i)consult with a customs officer;

(ii)direct the ship to proceed at the risk of the master of the ship to an area of an authorised port convenient to the ship and the customs officer;

(iii)at the time of the ship’s departure for the authorised port referred to in sub-paragraph (ii), inform an authorised officer of the authorised port of–

(aa)the evidence found; and

(bb)the control measures required; and

(iv)note or cause to be noted in the ship sanitation certificate the matters described at sub-paragraph (iii).

(5) An authorised officer may extend the period of validity of a ship sanitation certificate by one month if–

(a)any inspection or control measures required cannot be carried out at the port;

(b)there is no evidence of danger to public health or infection; and

(c)the port is authorised to extend the validity of a ship sanitation certificate.

(6) The master of a ship must immediately make arrangements to carry out any control measures required by an authorised officer under paragraph (3)(a)(i) or (4)(a)(i).

(7) When control measures referred to in paragraph (3)(a)(i) or (4)(a)(i) have been completed to the satisfaction of an authorised officer the authorised officer must–

(a)issue or cause to be issued a Ship Sanitation Control Certificate; and

(b)note or cause to be noted on the certificate the evidence found and the control measures taken.

Ship sanitation certificates: supplementary

19C.(1) An authorised officer must ensure that a control measure he requires under regulations 19A(1)(a)(ii)(aa) or 19B(3)(a)(i) or (4)(a)(i) consists of methods or materials advised by WHO for these procedures, unless the authorised officer determines that other measures are as safe and reliable.

(2) An authorised officer under regulation 19A(1)(a)(ii) or 19B(3)(a)(i) or (4)(a)(i) 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, including isolation of the ship at a mooring station or otherwise.

(3) An authorised officer of a port where control measures are applied must note or cause to be noted on the ship sanitation certificate in relation to any case where he is of the view that the conditions under which the measures were carried out were such that a satisfactory result could not be obtained that the case was such a case.

Ship sanitation certificates: period of validity and retention

19D.(1) A ship sanitation certificate issued under regulation 19A or 19B is valid for six months beginning with the date of issue.

(2) The local authority must retain a copy of any ship sanitation certificate issued by it for a period of one year beginning with the date of issue..

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