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

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Amendment of regulation 2 of the principal Regulations

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

(2) In paragraph (1)–

(a)in the definition of “additional measures” omit “the diseases subject to the International Health Regulations” and substitute “plague, cholera, yellow fever, smallpox, Lassa fever, rabies, viral haemorrhagic fever or Marburg disease”;

(b)for the definition of “customs officer” substitute–

“customs officer” means an officer of Revenue and Customs;;

(c)for the definition of “designated medical officer” substitute–

“designated medical officer” means a medical officer designated by a Health Board under section 14(1) of the National Health Service (Scotland) Act 1978(1) to exercise such functions on behalf of a local authority as may be assigned to that medical officer;;

(d)for the definition of “Health Board” substitute–

“Health Board” means a Health Board constituted by an order under section 2(1)(a) of the National Health Service (Scotland) Act 1978(2);;

(e)in the definition of “infected person” omit “a disease subject to the International Health Regulations” and substitute “plague, cholera, yellow fever, smallpox, Lassa fever, rabies, viral haemorrhagic fever or Marburg disease”;

(f)in the definition of “infected ship”, at sub-paragraph (a)(i) omit “a disease subject to the International Health Regulations” and substitute “plague, cholera, yellow fever or smallpox”;

(g)for the definition of “infectious disease” substitute–

“infectious disease” means any infectious or contagious disease other than venereal disease or tuberculosis;;

(h)for the definition of “local authority” substitute–

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39)(3);;

(i)in the definition of “mooring station” for “collector of customs” substitute “customs officer”;

(j)the following definitions are inserted in the correct alphabetical order–

“authorised port” means a port authorised to offer–

(a)

both–

(i)

the issuance of a Ship Sanitation Control Certificate; and

(ii)

the provision of the services referred to–

(aa)

in Annex 1 to the IHR(4), and

(bb)

the form reproduced at Schedule 3 to these Regulations;

(b)

the issuance of a Ship Sanitation Control Exemption Certificate following inspection of the ship including a thorough inspection of the hold; or

(c)

the extension of a ship sanitation certificate for a period of one month;

“IHR” means the International Health Regulations (2005) of the WHO adopted by the fifty-eighth World Health Assembly on 23rd May 2005;

“postal parcel” means an addressed article or package carried internationally by postal or courier services;

“ship sanitation certificate” means a Ship Sanitation Control Certificate or a Ship Sanitation Control Exemption Certificate;

“Ship Sanitation Control Certificate” means a certificate that conforms to the model in Annex 3 to the IHR reproduced at Schedule 3 to these Regulations that is issued in accordance with Article 39 of the IHR (ship sanitation certificates);

“Ship Sanitation Control Exemption Certificate” means a certificate that conforms to the model in Annex 3 to the IHR reproduced at Schedule 3 to these Regulations that is issued in accordance with Article 39 of the IHR;

“World Health Assembly” has the meaning set out in the Constitution of the World Health Organization adopted by the International Health Conference held in New York from 19th June to 22nd July 1946 and signed on 22nd July 1946;

“WHO” means the World Health Organization, a specialized agency within the terms of Article 57 of the Charter of the United Nations, established by the Constitution of the World Health Organization.; and

(k)omit the definitions of “approved port”, “Deratting Certificate”, “Deratting Exemption Certificate”, “designated approved port”, “disease subject to the International Health Regulations”, “epidemic”, “excepted area”, “excepted port”, “infected area”, “International Health Regulations”, “valid” and “valid International Vaccination Certificate”.

(3) Omit paragraph (5).

(2)

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).

(4)

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.

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