public health, ENGLAND 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 . 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 for the definition of “aerodrome” substitute— “aerodrome” means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft and includes any area or space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing and departure of aircraft capable of descending or climbing vertically, but shall not include any area the use of which for affording facilities for the landing and departure of aircraft has been abandoned and has not been resumed; ; c in the definition of “authorised officer” omit— as described by paragraph 13 of Schedule 14 of the Local Government Act 1972, ; d for the definition of “customs officer” substitute— “customs officer” means an officer of Revenue and Customs; ; e in the definition of “infected aircraft”, for sub-paragraph (a) substitute— a an aircraft 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 “infected person”, substitute— “infected person” means a person who is suffering from plague, cholera, yellow fever or smallpox or who is considered by the medical officer to be infected with one of the diseases or with some other infectious or contagious disease other than venereal disease or tuberculosis; ; g for the definition of “infectious disease” substitute— “infectious disease” means any infectious or contagious disease other than venereal disease or tuberculosis; ; h for the definition of “Secretary of State” substitute— “Secretary of State” means the Secretary of State for Health; ; i the following definitions are inserted in the correct alphabetical order— “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);”; “Health Part of the General Aircraft Declaration” means a declaration containing the information specified in Schedule 1, being a part of the Aircraft General Declaration reproduced at Annex 9 to the IHR to be completed and delivered in accordance with Article 38 of the IHR;”; “IHR” means the International Health Regulations (2005) of the WHO adopted by the fifty-eighth World Health Assembly on 23rd May 2005;”; “National IHR Focal Point” means the body designated by the United Kingdom for communications with WHO IHR Contact Point under the IHR;”; “postal parcel” means an addressed article or package carried internationally by postal or courier services; “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 j omit the definitions of “Aircraft Declaration of Health”, “diseases subject to the International Health Regulations”, “epidemic”, “excepted airport”, “infected area”, “International Health Regulations”, “national airport”, “sanitary airport” and “valid International Vaccination Certificate”. 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— other . 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— 4 The inspection of an aircraft under paragraph (1) or (2) may include taking from the aircraft samples of food or water for analysis or examination. 5 The analysis or examination under paragraph (4) must be— a with a view to the treatment of persons affected with any epidemic, endemic or infectious disease and for preventing the spread of such diseases; or b for preventing other danger to public health. . 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— a sub-paragraph (c); and b sub-paragraph (d), in both places where it appears. 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— b in addition to any message sent under regulation 12— i notify immediately on arrival to an authorised officer any death on the aircraft during its voyage caused by— aa any case of infectious disease or tuberculosis on the aircraft; or bb any circumstances on board which are likely to cause the spread of infectious disease or tuberculosis, or other danger to public health; ii include in his notification under sub-paragraph (i) particulars as to the presence or suspected presence on board of any animals or captive birds of any species; . 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— 1 Where a member of the crew of an aircraft becomes aware of an event described in paragraph (1A), he shall report it to the commander of the aircraft. 1A The event referred to in paragraph (1) is that there is on board the aircraft during a flight a person who— a is suffering from an infectious disease or tuberculosis; or b has symptoms which may indicate the presence of an infectious disease, tuberculosis or other danger to public health. 1B Immediately following a report under paragraph (1) the commander of the aircraft shall send a radio message or other communication about the event to one of the persons identified in paragraph (1C) at the first customs airport at which the aircraft is due to land. 1C The persons referred to at paragraph (1B) are— a the authorised officer; b the manager of the airport; or c the owner of the airport. . 3 After the words “radio message” in paragraphs (2) and (3), insert— or other communication . 4 Omit sub-paragraph (4)(a). 5 For paragraph (6), substitute— 6 The medical officer may require the commander of an aircraft to complete the Health Part of the Aircraft General Declaration in the form set out in Schedule 1. . 6 In paragraph (7), for “Aircraft Declaration of Health” substitute— Health Part of the Aircraft General Declaration . 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— 3A An authorised officer must ensure that a measure he requires under paragraph (1) or (2) consists of methods or materials advised by WHO, unless the authorised officer determines that other measures are as safe and reliable. 3B An authorised officer under paragraph (1) or (2) may require additional health measures to be applied for preventing danger to public health or the spread of infection in accordance with Article 43 of the IHR (additional health measures), including isolation of the aircraft. 3C The responsible authority must report the application of any such additional health measures to the National IHR Focal Point. . 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— b the aircraft has been in an area infected with plague, cholera, yellow fever or smallpox; or . Amendment of regulation 17 of the principal Regulations 13 In regulation 17 of the principal Regulations (detention of aircraft), for the proviso substitute— Provided that nothing in this regulation shall affect the power of the authorised officer to isolate an aircraft under regulation 13 or of the medical officer to continue the detention of an aircraft under regulation 18. . Amendment of regulation 20 of the principal Regulations 14 For regulation 20(a) of the principal Regulations (persons from infected areas), substitute— a any person disembarking from the aircraft who has come from an area infected with cholera, smallpox or viral haemorrhagic fever; and. . Substitution of regulation 21 of the principal Regulations 15 For regulation 21 (removal of infected persons from aircraft when required by commander), substitute— Removal of infected persons from aircraft when required by commander 21 1 A commander of an aircraft on arrival at a customs airport may require the medical officer to cause to be removed from the aircraft— a any infected person, or b any person suffering from tuberculosis. 2 The medical officer shall carry out any requirement of a commander under paragraph (1). . Substitution of regulation 22 of the principal Regulations 16 For regulation 22 of the principal Regulations (removal to sanitary airport), substitute— Removal to airport able to apply measures 22 1 Where— a an authorised officer considers that there should be applied to an aircraft which alights at an airport or to any person carried on such an aircraft measures under these Regulations; and b that airport is not able to apply the measures, he may direct that the aircraft or the person proceed to a customs airport that is able to apply the measures. 2 Where an authorised officer gives a direction under paragraph (1), he shall give the commander of the aircraft concerned notice in writing of the direction which shall include the reasons for the direction. . 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— c these Regulations shall apply as if the aircraft had alighted at a customs airport except that— i in the case of conflict between any provision of the Regulations and the provisions of sub-paragraph (a) or (b), sub-paragraph (a) or (b) shall prevail; ii a police officer or customs officer may nevertheless require the aircraft, or persons carried on the aircraft, or the stores, equipment or cargo of the aircraft to proceed or to be taken to a customs airport; iii the Regulations shall be modified as necessary to enable their application in the circumstances described in this regulation. . Amendment of regulation 26 of the principal Regulations 18 In regulation 26 of the principal Regulations (saving for certain aircraft)— a in sub-paragraph (c), for “regulations 7, 8(1) (2) (3) and (5), 9, 14(1), 18(2), 20, 21, 22 and 23” substitute— regulations 7, 8(1) and (2), 9, 14(1), 18(2), 20, 21 and 23 ; b in sub-paragraph (d), for “regulations 8(3) and (4) and 16” substitute “regulation 16”. Amendment of regulation 27 of the principal Regulations 19 In regulation 27(a) of the principal Regulations (examination, etc., of persons proposing to embark)— a in paragraph (a), for “a disease subject to the International Health Regulations” substitute— plague, cholera, yellow fever or smallpox ; and b in each of paragraphs (c) and (d), for “health authority” substitute “competent authority”. Amendment of regulation 28 of the principal Regulations 20 In regulation 28 of the principal Regulations (examination, etc., of persons proposing to embark) omit— disease subject to the International Health Regulations or with any other . Amendment of regulation 30 of the principal Regulations 21 For regulation 30(2) of the principal Regulations (surveillance) substitute— 2 Where a person has been placed under surveillance for plague, cholera, smallpox or viral haemorrhagic fever under regulation 20 by reason of his having come from an area infected with such a disease, the period shall be reckoned from the date of his leaving the area. . Substitution of regulation 32 of the principal Regulations 22 For regulation 32 of the principal Regulations (charges for services), substitute— Charges for services 32 1 The commander of an aircraft may request a responsible authority to cause to be applied measures he is required to apply under these Regulations. 2 A responsible authority may charge the commander of an aircraft for a service to apply measures described in paragraph (1) in so far as the service is for preventing— a danger to public health from an aircraft arriving or b the spread of infection from an aircraft leaving an airport where international flights arrive or depart. 3 A charge for a service under paragraph (2)— 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 a commander of an aircraft 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 aircraft or containers, cargo, baggage, goods or postal parcels concerned; and ii must not distinguish between national and foreign aircraft or containers, cargo, baggage, goods or postal parcels. 4 A responsible authority may require the whole or part of the amount of a charge for a service under paragraph (2) to be paid or deposited with them before the service is performed. 5 At the request of the commander, a responsible authority must provide the commander of the aircraft with particulars in writing free of charge of— a measures taken for which a charge under paragraph (2) 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 (2) is made. 7 Particulars under paragraph (6) shall include the date on which the measures were taken. . 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— Article 136 of the Air Navigation Order 2005 (Customs and Excise aerodromes) . Amendment of Schedule 1 to the principal Regulations 25 In Schedule 1 to the principal Regulations (Aircraft Declaration of Health), for the heading substitute— SCHEDULE 1 Health Part of the Aircraft General Declaration . 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)— a for subheading “B. Aircraft which have been in infected areas” substitute— B. Aircraft which have been in areas infected with 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)— a omit “regulation 8(5)”; and b under subheading A (infected aircraft), in paragraph (1), omit “or who does not satisfy the medical officer that he possesses a valid International Vaccination Certificate”. 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