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STATUTORY INSTRUMENTS


2007 No. 1447

PUBLIC HEALTH, ENGLAND

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

  Made 14th May 2007 
  Laid before Parliament 18th May 2007 
  Coming into force 15th June 2007 

The Secretary of State for Health, with the consent of the Commissioners for Her Majesty's Revenue and Customs[1], makes the following Regulations in exercise of the powers conferred by section 13 of the Public Health (Control of Disease) Act 1984[2]:

Citation, commencement, application and interpretation
     1. —(1) These Regulations may be cited as the Public Health (Aircraft) (Amendment) (England) Regulations 2007 and shall come into force on 15th June 2007.

    (2) These Regulations apply in relation to England only.

    (3) In these Regulations "the principal Regulations" means the Public Health (Aircraft) Regulations 1979[
3].

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

    (2) Omit regulation 2(2).

Amendment of regulation 4 of the principal Regulations
    
3. —(1) Omit regulation 4(1)(a) and (3) of the principal Regulations (enforcement and execution of regulations).

    (2) In paragraph (4) of regulation 4, the first time the word occurs, omit—

Amendment of regulation 5 of the principal Regulations
    
4. In regulation 5(f) of the principal Regulations (appointment and duties of authorised officers and provisions of services by responsible authorities), for "a sanitary airport" substitute "a customs airport where such facilities are likely to be needed".

Omission of regulation 6 of the principal Regulations
    
5. Omit regulation 6 of the principal Regulations (list of infected areas).

Amendment of regulation 7 of the principal Regulations
    
6. For regulation 7(4) of the principal Regulations (inspection of aircraft), substitute—

Amendment of regulation 8 of the principal Regulations
    
7. —(1) In regulation 8(2) of the principal Regulations (examination, etc., of persons on aircraft), insert "or other danger to public health" after "infection" in—

    (2) Omit paragraphs (3) to (5) of regulation 8 of the principal Regulations.

Amendment of regulation 11 of the principal Regulations
    
8. For regulation 11(1)(b) of the principal Regulations (supply of information, etc., by commanders), substitute—

Amendment of regulation 12 of the principal Regulations
    
9. —(1) Regulation 12 of the principal Regulations (notification of infectious disease, etc., on board) is amended in accordance with this regulation.

    (2) For paragraph (1), substitute—

    (3) After the words "radio message" in paragraphs (2) and (3), insert—

    (4) Omit sub-paragraph (4)(a).

    (5) For paragraph (6), substitute—

    (6) In paragraph (7), for "Aircraft Declaration of Health" substitute—

Amendment of regulation 13 of the principal Regulations
    
10. —(1) Regulation 13 of the principal Regulations (deratting and disinfection of aircraft) is amended in accordance with this regulation.

    (2) In paragraph (1), omit "in such manner as he may determine".

    (3) In paragraph (2), omit "in such manner as the officer may determine".

    (4) After paragraph (3), insert—

Amendment of regulation 14 of the principal Regulations
    
11. In regulation 14(1) of the principal Regulations (detention of aircraft), for "a disease subject to the International Health Regulations" substitute "plague, cholera, yellow fever or smallpox".

Amendment of regulation 16 of the principal Regulations
    
12. For regulation 16(b) of the principal Regulations (detention of aircraft) substitute—

Amendment of regulation 17 of the principal Regulations
    
13. In regulation 17 of the principal Regulations (detention of aircraft), for the proviso substitute—

Amendment of regulation 20 of the principal Regulations
    
14. For regulation 20(a) of the principal Regulations (persons from infected areas), substitute—

Substitution of regulation 21 of the principal Regulations
    
15. For regulation 21 (removal of infected persons from aircraft when required by commander), substitute—

Substitution of regulation 22 of the principal Regulations
    
16. For regulation 22 of the principal Regulations (removal to sanitary airport), substitute—

Amendment of regulation 25 of the principal Regulations
    
17. —(1) For regulation 25(1)(c) of the principal Regulations (aircraft alighting elsewhere than at a customs airport), substitute—

Amendment of regulation 26 of the principal Regulations
    
18. In regulation 26 of the principal Regulations (saving for certain aircraft)—

Amendment of regulation 27 of the principal Regulations
    
19. In regulation 27(a) of the principal Regulations (examination, etc., of persons proposing to embark)—

Amendment of regulation 28 of the principal Regulations
    
20. In regulation 28 of the principal Regulations (examination, etc., of persons proposing to embark) omit—

Amendment of regulation 30 of the principal Regulations
    
21. For regulation 30(2) of the principal Regulations (surveillance) substitute—

Substitution of regulation 32 of the principal Regulations
    
22. For regulation 32 of the principal Regulations (charges for services), substitute—

Omission of regulation 35 of the principal Regulations
    
23. Omit regulation 35 of the principal Regulations (saving for mails).

Amendment of regulation 37 of the principal Regulations
    
24. In regulation 37 of the principal Regulations (saving for existing enactments), for "Article 76 of the Air Navigation Order 1976" substitute—

Amendment of Schedule 1 to the principal Regulations
     25. In Schedule 1 to the principal Regulations (Aircraft Declaration of Health), for the heading substitute—



Amendment of Schedule 2 to the principal Regulations
    
26. —(1) Schedule 2 to the principal Regulations (additional measures with respect to diseases subject to the International Health Regulations) shall be amended as follows.

    (2) For the heading to Schedule 2 substitute "Additional Measures with respect to some Diseases".

    (3) At the beginning, for "Regulations 2(1), 8(5), 23" substitute "Regulations 2(1) and 23".

    (4) In Part I (plague)—

(b) in paragraph (3), for "infected area" substitute "area infected with plague".

    (5) In Part III (yellow fever), in the subheading, for "infected areas" substitute "areas infected with yellow fever".

    (6) In Part IV (smallpox)—

Omission of Schedule 3 to the principal Regulations
    
27. Omit Schedule 3 to the principal Regulations (International Certificate of Vaccination or Revaccination Against Smallpox).



Signed by authority of the Secretary of State for Health


Caroline Flint
Minister of State Department of Health

14th May 2007



We consent


Paul Gray

Steve Lamey
Two of the Commissioners for Her Majesty's Revenue and Customs

11th May 2007



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Public Health (Aircraft) Regulations 1979[
5] ("the principal Regulations") which provide for public health control of aircraft arriving at or leaving airports in England and Wales.

The Regulations apply in relation to England only. They come into force on 15th June 2007, when the International Health Regulations 2005 (IHR) of the World Health Organization come into effect. (The full text of the IHR 2005 is available on the WHO website, www.int/est/ihr/IHRWHA58_3-en.pdf).

Regulation 2 amends definitions in regulation 2 of the principal Regulations (interpretation) and adds new definitions which reflect the IHR.

Regulation 3 omits provisions in regulation 4 of the principal Regulations (enforcement and execution of regulations) relating to duties at a national airport of the Secretary of State. Regulation 5 provides for regulation 6 of the principal Regulations (list of infected areas) to be omitted.

Regulations 4 and 16 remove references to a "sanitary airport" in regulations 5 and 22 of the principal Regulations as the concept no longer appears in the IHR.

Regulations 6 to 14, 17 and 18 amend provisions with regard to incoming aircraft (Part III of the principal Regulations) in light of the IHR and otherwise. In addition, provision is made for tuberculosis in regulations 8, 9 and 15. Regulations 19 and 20 make amendments compatible with the IHR in relation to outgoing aircraft (Part IV of the principal Regulations).

Regulations 21 and 24 amend regulations 30 (surveillance) and 37 (saving for existing enactments) in Part V of the principal Regulations. Regulation 22 makes new provision in relation to charges by a responsible authority, reflecting provisions of the IHR. The saving for mails in regulation 35 of the principal Regulations is omitted by regulation 23. Amendments to Schedules 1 and 2 to the principal Regulations are made by regulations 25 and 26.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Jenny Harper, at Wellington House, 133-135 Waterloo Road, London SE1 8UG, Jenny.Harper@dh.gsi.gov.uk.


Notes:

[1] Section 13(4) of the Public Health (Control of Disease) Act 1984 (c. 22) provides that regulations require the consent of the Commissioners of Customs and Excise in so far as they relate to enforcement and execution by officers of customs and excise. The functions of the Commissioners of Customs and Excise were transferred to the Commissioners for Her Majesty's Revenue and Customs by section 5(2) of the Commissioners for Her Majesty's Revenue and Customs Act 2005 (c. 11). By section 50(1) of that Act, a reference in an enactment to the Commissioners of Customs and Excise shall be taken as a reference to the Commissioners for Her Majesty's Revenue and Customs.back

[2] 1984 c. 22. Functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672, article 2 and Schedule 1.back

[3] S.I. 1979/1434.back

[4] S.I. 2005/1970. The Air Navigation Order 1976, S.I. 1976/1783, was revoked by S.I. 1980/1965. Article 136 of S.I. 2005/1970 makes equivalent provision to Article 76 of S.I. 1976/1783.back

[5] S.I. 1979/1434.back



ISBN 978 0 11 077056 7


 © Crown copyright 2007

Prepared 18 May 2007


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URL: http://www.bailii.org/uk/legis/num_reg/2007/20071447.html