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

Amendment of regulation 2 of the principal Regulations

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

(a) in the definition of “additional measures”, for “the diseases subject to the International Health Regulations” substitute—

“plague, cholera, yellow fever or smallpox”;

(b) in the definition of “authorised officer”—

(i) omit “as described by paragraph 13 of Schedule 14 of the Local Government Act 1972,” and

(ii) for “health authority” substitute “local authority”;

(c) for the definition of “customs officer” substitute—

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

(d) in the definition of “infected person”, for “a disease subject to the International Health Regulations” substitute—

“plague, cholera, yellow fever or smallpox”;

(e) in the definition of “infected ship”, for sub-paragraph (a) substitute—

“(a) a ship which has on board on arrival a case of plague, cholera, yellow fever, smallpox, rabies or viral haemorrhagic fever; or”;

(f) for the definition of “infectious disease” substitute—

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

(g) in the definition of “medical officer”, for “health authority” substitute “local authority”;

(h) in the definition of “mooring station”—

(i) for “health authority” substitute “local authority”, and

(ii) for “collector of customs and excise” substitute “customs officer”;

(i) for the definition of “offshore installation” substitute—

““offshore installation” has the meaning set out at section 44 of the Petroleum Act 1998(1) (meaning of “offshore installation”);”;

(j) for the definition of “Secretary of State” substitute—

““Secretary of State” means the Secretary of State for Health;”;

(k) for the definition of “ship” substitute—

““ship” has the same meaning as “ship” in the Merchant Shipping Act 1995(2) except that it includes a hovercraft within the meaning of the Hovercraft Act 1968(3);”;

(l) the following definitions are inserted in the correct alphabetical order—

““authorised port” means a port authorised to offer—

(a)

the issuance of a Ship Sanitation Control Certificate and the provision of the services referred to—

(i)

in Annex 1 to the IHR(4), and

(ii)

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;

“competent authority” means a competent authority identified in accordance with Article 19 of the IHR (general obligations) and with a role as described at Article 22 of the IHR (role of competent authorities);

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

“local authority” means—

(a)

in relation to a port health district the port health authority; and

(b)

in relation to any other district in England—

(i)

the county council,

(ii)

the district council for a district without a county council, or

(iii)

other local authority of that district;

“National IHR Focal Point” means the body designated by the United Kingdom for communications with the WHO IHR Contact Point under the IHR;

“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;

“WHO IHR Contact Point” means the unit within WHO accessible for communications with the National IHR Focal Point;

“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

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

(2) Omit regulation 2(2) and (3).

(1)

1998 c. 17.

(2)

1995 c. 21.

(3)

1968 c. 59.

(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.