The Public Health (Aircraft and Ships) (Isle of Man) Order 2010

Article 4

SCHEDULE 2 Modification of the Ships Regulations

1.  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 “arrival” substitute—

““arrival”, in relation to a ship, means the entry within the limits of jurisdiction of the Isle of Man of a ship which has not during its voyage or since it last—

(a)

called at a port outside the Isle of Man;

(b)

met with an offshore installation; or

(c)

met with a ship which has proceeded from a foreign port,

and “arrives” shall be construed accordingly;;”;

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

““authorised officer” means—

(a)

the director of public health;

(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;”;

(d) omit the definition of “authorised port”;

(e) 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);”;

(f) 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);”;

(g) omit the definition of “district”;

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

(i) omit the definition of “local authority”;

(j) 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;”;

(k) for the definition of “mooring station” substitute—

““mooring station” means a place which is specified by the Department (within the meaning of the Government Departments Act 1987 (an Act of Tynwald)(6)) responsible for the Island’s harbours, for the mooring of ships for medical inspection so that they do not come into contact with other ships or the shore;”;

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

““offshore installation” has the same meaning as in section 12(1) of the Mineral Workings (Offshore Installations) (Isle of Man) Act 1974 (an Act of Tynwald)(7)”;

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

2.  In regulation 3(1) (application of Regulations to ships of Her Majesty’s armed forces) after “Visiting Forces Act 1952” insert “(as that Act has effect in the Isle of Man)(8)”.

3.  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.”.

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

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

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

“5.   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 (f) substitute—

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

5.  In regulation 7 (inspection of ships)—

(a) in paragraphs (1) and (2)(b) for “district” substitute “Isle of Man”;

(b) in paragraph (2)(a) for “local authority” substitute “Department”.

6.  In regulation 8 (direction of ships) for “district” substitute “Isle of Man”.

7.  In regulation 9 (examination, etc., of persons on ships)—

(a) in paragraph (1) for—

(i) “Secretary of State” substitute “Department”;

(ii) for “district” substitute “Isle of Man”; and

(b) omit paragraph (7).

8.—(1) Regulation 10 (powers in respect of certain persons on ships) is amended as follows.

(2) For paragraph (1) substitute—

“(1) Where there is, or a medical officer suspects that there is, on board a ship on arrival or already in the Isle of Man a person suffering from an infectious disease or tuberculosis, the medical officer may—

(a) cause the person to be removed from the ship and isolated or sent to hospital or to some other suitable place approved for that purpose by the Department;

(b) in the case of cholera, smallpox or viral haemorrhagic fever, place such person under surveillance for the appropriate period specified in regulation 36(1); or

(c) unless the commander has imposed a requirement under regulation 31, the medical officer may, by notice in writing to the master, prohibit the removal of the person or his disembarking from the ship without the medical officer’s written consent.”.

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

9.  In regulation 11(1) (supply of information, etc., by masters) for “a district” substitute “the Isle of Man”.

10.  In regulation 12 (permission to enter district)—

(a) in the heading, for “district” substitute “the Isle of Man”;

(b) in paragraph (2) for “his district” substitute “the Isle of Man”.

11.  In regulation 13(2) and (3) (notification of infectious disease, etc., on board) for “local authority” (wherever occurring) substitute “Department”.

12.  In regulation 15(2) (Maritime Declaration of Health) for “local authority” substitute “Department”.

13.  In regulation 16 (which concerns arrival after delivery of Maritime Declaration of Health) for “or a corresponding provision in force in Scotland or Northern Ireland, the ship arrives in a district or calls at another district, as the case may be” substitute “, the ship arrives in the Isle of Man”.

14.—(1) Regulation 18A(9) (application for a Ship Sanitation Control Exemption Certificate or Ship Sanitation Control Certificate) is modified as follows.

(2) For paragraph (1) substitute—

“(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, an authorised officer must inspect the ship to prevent danger to public health or the spread of infection with a view to issuing a ship sanitation certificate and either—

(a) 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

(b) otherwise take, or cause to be taken, any steps which that officer considers necessary to satisfy himself that the ship does not present a danger to public health and is free of infection.”.

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

15.—(1) Regulation 18B(10) (production of a ship sanitation certificate) is modified as follows.

(2) For paragraph (1) substitute—

“(1) If the master of a ship which during its voyage has been in a foreign port cannot produce to an authorised officer a valid ship sanitation certificate in respect of the ship, 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.”.

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

(4) For paragraphs (3) and (4) substitute—

“(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) 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

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

(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 either

(a) 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

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

(5) In paragraphs (6) and (7) for “paragraph (3)(a) or (4)(a)” substitute “paragraph (3) or (4)”.

16.—(1) Regulation 18C (ship sanitation certificates: supplementary) is modified as follows.

(2) In paragraphs (1) and (2) for “18A(1)(a)(ii) or 18B(3)(a) or (4)(a)” substitute “18A(1)(a) or (b) or 18B(3) or (4)”.

(3) In paragraph (3) for “local authority” substitute “Department”.

(4) In paragraph (4) for “An authorised officer of a port where control measures are applied” substitute “Where control measures are applied to a ship, an authorised officer”.

17.  In regulation 18D(3) (11) (ship sanitation certificates: form; period of validity and retention) for “local authority” substitute “Department”.

18.  In regulation 21(1) (detention of ships, and ships to be taken to mooring stations) for “United Kingdom” substitute “Isle of Man”.

19.  In regulation 33 (examination, etc., of persons proposing to embark) for “United Kingdom” substitute “Isle of Man”.

20.—(1) Regulation 34 (infected places in England and Wales) is modified as follows.

(2) For the heading, for “England and Wales” substitute “the Isle of Man”.

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

(a) for “Secretary of State” wherever occurring (except in the expression “any district 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 district specified by the Secretary of State” substitute “the Isle of Man”;

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

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

(5) 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 ship, the authorised officer may, and if so required by the Department shall, take steps to secure the deratting of the ship.”.

21.  For regulation 37 (which concerns persons placed under surveillance) substitute—

“37.   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.”.

22.  In regulation 38 (charges for services)—

(a) in paragraphs (1) and (4) for “A local authority” substitute “The Department”;

(b) in paragraph (1)(a) and (b) for “its district” substitute “the Isle of Man”;

(c) in paragraph (5) for “a local authority” substitute “the Department”.

23.  In regulation 39 (recovery of charges) for “regulations 20 or 38” substitute “regulation 38”.

24.  In regulation 40 (expenses of local authorities)—

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

(b) for “a local authority” substitute “the Department”.

25.  In regulation 42 (saving for ships unwilling to comply with these regulation)—

(a) for “a district” or “the district” (wherever occurring) substitute “the Isle of Man”;

(b) in paragraph (3) for “other district” substitute “other place in the Isle of Man”.

26.  In regulation 43 (saving for existing enactments) after “Immigration Act 1971” insert “(as that Act has effect in the Isle of Man)(12)”.

27.  Omit regulation 44 and Schedule 6 (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)

1987 c.13 (an Act of Tynwald).

(7)

1974 c. 33 (an Act of Tynwald).

(8)

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.

(9)

Regulation 18A was added by the Public Health (Ships) (Amendment) (England) Regulations 2007/1446 reg.17.

(10)

Regulation 18B was added by the Public Health (Ships) (Amendment) (England) Regulations 2007/1446 reg.17.

(11)

Regulations 18C and 18D were added by the Public Health (Ships) (Amendment) (England) Regulations 2007/1446 reg.17.

(12)

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