xmlns:atom="http://www.w3.org/2005/Atom"

Article 3

SCHEDULE 1Modification of the Aircraft Regulations

1.  For “a customs airport”, wherever occurring, substitute “Ronaldsway aerodrome”.

2.  In regulation 2(1) (interpretation)—

(a)in the definition of “animals” for “Article 2(1) of the Rabies (Control) Order 1974” substitute—

article 2 of the Isle of Man’s Rabies (Control) Order 1976(1);

(b)for the definition of “authorised officer” substitute—

“authorised officer” means

(a)the director of public health of the Isle of Man;

(b)an environmental health officer of the Department; or

(c)an officer of the Department duly authorised by it in writing either generally or specifically to act in any matter specified or in matters of any specified kind;;

(c)omit the definition of “customs airport”;

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

“customs officer” means an officer appointed in accordance with section 1(2) of the Customs and Excise Management Act 1986 (an Act of Tynwald)(2);;

(e)after the definition of “day” insert—

“Department” means the Department (within the meaning of the Government Departments Act 1987 (an Act of Tynwald)(3)) which is responsible for environmental health;

“director of public health” has the same meaning as in section 72 of the Local Government Act 1985 (an Act of Tynwald)(4);;

(f)in the definition of “immigration officer” after “Immigration Act 1971” insert “(as that Act has effect in the Isle of Man)(5)”;

(g)for the definition of “medical officer” substitute—

“medical officer” means the director of public health of the Isle of Man or any other medical practitioner appointed by the director under regulation 5;;

(h)omit the definition of “responsible authority”;

(i)omit the definition of “Secretary of State”.

3.  In regulation 3 after “Visiting Forces Act 1952” insert “(as that Act has effect in the Isle of Man)(6)”.

4.  For regulation 4 (enforcement and execution of regulations) substitute—

4.  These Regulations shall be enforced and executed by—

(a)the Department;

(b)authorised officers;

(c)customs officers; and

(d)medical officers,

as the Regulations may provide..

5.—(1) Regulation 5 (appointment and duties of authorised officers and provision of services by responsible authorities) is modified as follows.

(2) In the heading, omit “by responsible authorities”.

(3) For the introductory words and paragraph (a) substitute—

For the purposes of these Regulations the director of public health may, and if so required by the Department shall—

(a)appoint such medical practitioners as may be necessary for the proper enforcement and execution of these Regulations;.

(4) For paragraph (g) substitute—

(g)do all such other things as are necessary to secure compliance with these Regulations..

6.  In regulation 8 (examination, etc, of persons on aircraft)—

(a)in paragraph (1) for “Secretary of State” substitute “Department”; and

(b)omit paragraph (6).

7.—(1) Regulation 9 (power in respect of persons leaving aircraft) is amended as follows.

(2) For paragraph (1) substitute—

(1) Where a person intending to leave an aircraft at Ronaldsway aerodrome is suffering, or a medical officer suspects that he is suffering, from an infectious disease or tuberculosis, 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 Department, as may be appropriate; or

(b)unless the commander has imposed a requirement under regulation 21, the medical officer may, by notice in writing to the commander, prohibit the person from leaving the aircraft without the medical officer’s written consent..

(3) In paragraph (2) for “Secretary of State” (in both places) substitute “Department”.

8.  In regulation 12 (notification of infectious disease, etc, on board)—

(a)in paragraph (1B) for “the first customs airport at which the aircraft is due to land” substitute “Ronaldsway aerodrome”;

(b)for paragraph (1C) substitute—

(1C) The persons referred to at paragraph (1B) are—

(a)the authorised officer; or

(b)the director, or deputy director, of Ronaldsway aerodrome.;

(c)in paragraph (3) for “the customs airport” substitute “Ronaldsway aerodrome”; and

(d)in paragraph (4) for “owner or manager of an aerodrome or any person deputed to act on his behalf,” substitute “director, or deputy director, of Ronaldsway aerodrome”.

9.  In regulation 14 (detention of aircraft)—

(a)in paragraph (1) for “United Kingdom” substitute “Isle of Man”;

(b)in paragraph (2) for “person in charge of the customs airport” substitute “director, or deputy director, of Ronaldsway aerodrome”.

10.  In regulation 19 (release of aircraft) for “person in charge of the customs airport” substitute “director of public health”.

11.—(1) Regulation 22 (removal to airport able to apply measures) is modified as follows.

(2) For paragraph (1) substitute—

(1) Paragraph (1A) applies if—

(a)an authorised officer considers that measures under these Regulations should be applied to an aircraft which alights anywhere in the Isle of Man other than at Ronaldsway aerodrome or to any person carried on such an aircraft; and

(b)the measures cannot be applied where the aircraft is.

(1A) If this paragraph applies, the authorised officer may direct that the aircraft (and any person aboard it—

(a)proceed to Ronaldsway aerodrome; or

(b)leave the Isle of Man.

(1B) If an authorised officer gives a direction under paragraph (1A)(b) he shall also give notice to that effect to the medical officer of health for the area in which is situated the aerodrome to which it is intended the aircraft shall proceed..

(3) In paragraph (2) for “paragraph (1)” substitute “paragraph (1A)”.

12.—(1) Regulation 25 (aircraft alighting elsewhere than a customs airport) is modified as follows.

(2) For paragraph (1) substitute—

(1) Where an aircraft alights anywhere in the Isle of Man other than at Ronaldsway aerodrome paragraphs (1A) to (1C) apply.

(1A) The commander shall forthwith give notice of the landing of the aircraft to the Department, a customs officer, an immigration officer or a police officer of the Isle of Man Constabulary.

(1B) Except for the purpose of paragraph (1A), no person carried by the aircraft shall leave its vicinity unless authorised by the authorised officer, and any person so authorised shall inform such officer of his name and his intended destination and address, but this paragraph shall not be construed as dispensing with the necessity to secure any consent arising under any other enactment.

(1C) These Regulations shall apply as if the aircraft had alighted at Ronaldsway aerodrome except that—

(a)in the case of conflict between any provision of the Regulations and the provisions of paragraph (1A) or (1B), those paragraphs shall prevail;

(b)an authorised officer may nevertheless require the aircraft (and any stores, equipment, cargo or persons carried on the aircraft)—

(i)to proceed or to be taken to Ronaldsway aerodrome; or

(ii)to leave, or to be taken from, the Isle of Man;

(c)the Regulations shall be modified as necessary to enable their application in the circumstances described in this regulation.

(1D) If an authorised officer requires an aircraft to leave, or to be taken from, the Isle of Man under paragraph (1C)(b)(ii), he shall give notice to that effect to the medical officer of health for the area in which is situated the aerodrome to which it is intended the aircraft shall proceed..

(3) In paragraph (2) for “medical officer of the responsible authority for the place at which he left the aircraft” substitute “director of public health”.

13.  In regulation 26(c) and (d) (saving for certain aircraft) for “Secretary of State” substitute “Department”.

14.  In regulation 27 (examination, etc, of persons proposing to embark) for “United Kingdom” substitute “Isle of Man”.

15.—(1) Regulation 28 (infected places) is modified as follows.

(2) In the text preceding paragraph (a)—

(a)for “Secretary of State” wherever it appears (except in the expression “any aerodrome specified by the Secretary of State”) substitute “director of public health”;

(b)for “the London Gazette”—

(i)where it first occurs substitute “one or more newspapers published and circulating in the Isle of Man”;

(ii)where it occurs for the second time substitute “the same way”;

(c)for “any aerodrome specified by the Secretary of State” substitute “the Isle of Man”.

(d)for “United Kingdom” substitute “Isle of Man”.

(3) In paragraph (a) for “Secretary of State” substitute “Department”.

(4) For paragraph (f) substitute—

(f)if the published notice declares any part of the Isle of Man to be infected with plague, and if there is reason to believe that there are rodents on the aircraft, the authorised officer may, and if so required by the Department shall, take steps to secure the deratting of the aircraft..

16.  For regulation 31 (which concerns persons placed under surveillance) substitute—

31.  Every person who is placed under surveillance under these regulations shall—

(a)give facilities for any medical examination required by the medical officer;

(b)furnish all such information as the medical officer may reasonably require with a view to ascertaining the person’s state of health;

(c)forthwith upon arrival during the period of surveillance at any address other than the one stated as his intended address when placed under surveillance, send particulars of that address to the medical officer..

17.  In regulation 32 (charges for services) for “a responsible authority” (wherever occurring) substitute “the Department” and similarly, for “A responsible authority” (wherever occurring) substitute “The Department”.

18.  In regulation 34 (expenses of health authorities)—

(a)in the heading, for “health authorities” substitute “the Department”;

(b)for “a responsible authority” substitute “the Department”;

(c)for “them” substitute “it”; and

(d)for “their” substitute “its”.

19.  In regulation 36(3) (saving for aircraft unwilling to comply with these regulations) for “England and Wales” substitute “the Isle of Man”.

20.  For regulation 37 (saving for existing enactments) substitute—

37.  Nothing in these regulations shall affect the Immigration Act 1971 (as that Act has effect in the Isle of Man)(7)..

21.  Omit regulation 38 and Schedule 4 (revocations).

(1)

Made on 7 January 1976 by the body formerly known as the Isle of Man Board of Agriculture and Fisheries.

(2)

1986 c.34 (an Act of Tynwald).

(3)

1987 c.13 (an Act of Tynwald).

(4)

1985 c.24 (an Act of Tynwald).

(5)

See the Immigration (Isle of Man) Order 2008 (S.I. 2008/680).

(6)

The Visiting Forces Act 1952 was extended to the Isle of Man by S.I. 1962/170. The Schedule to the Act, as the Act has effect in the Isle of Man, was substituted by paragraph 7 of Schedule 3 to the Sexual Offences Act 1992 (an Act of Tynwald) and amended by article 7 of S.I. 1998/1509.

(7)

See the Immigration (Isle of Man) Order 2008 (S.I. 2008/680).