PART VMISCELLANEOUS

Charges for servicesI135

1

A Board 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 the public health from a ship arriving in its area, or

b

the spread of infection from a ship leaving its area.

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 measures 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 not be discriminatory, in particular—

i

must not be levied so as to make a distinction based on the nationality, registry or ownership of the ship or containers, cargo, baggage, goods or postal parcels concerned; and

ii

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

4

A Board 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 Board 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.