S.I. No. 62/1927 - The Smallpox (Importation of Clothing, &C.) Temporary Regulations, 1927.

DEPARTMENT OF LOCAL GOVERNMENT BOARD AND PUBLIC HEALTH.

To the Port Sanitary Authorities of Dublin, Cork, Waterford and Galway; to every Local Authority as hereinafter defined; to all officers of Customs and Excise; to all Medical Officers of Health of the Port Sanitary Authorities aforesaid; and to all others whom it may concern:

WHEREAS by Section 149 of the Public Health (Ireland) Act, 1878, I, the MinIster for Local Government and Public Health, am empowered whenever any part of Saorstát Eireann appears to be threatened with any formidable epidemic, endemic, or infectious disease to make and from time to time alter and revoke regulations amongst other things for the promotion of disinfection and for guarding against the spread of disease.

AND WHEREAS I, the Minister for Local Government and Public Health, am empowered by regulations made under the Public Health Act, 1896, and the enactments mentioned in that Act to provide for the regulations being enforced and executed by officers of customs and excise as well as by other authorities and officers and by sub-section 2 (a) of Section I of the said Act it is provided that the regulations shall be subject to the consent, so far as they apply to officers of customs and excise, of the Revenue Commissioners.

AND WHEREAS smallpox is an epidemic and infectious disease which is for the time being prevalent in Great Britain, and I, the Minister for Local Government and Public Health think it expedient to make the temporary regulations hereinafter set forth for guarding against the spread thereof to Saorstát Eireann by regulating the importation of worn clothing and other articles from Great Britain into Saorstát Eireann.

AND WHEREAS the Revenue Commissioners have signified their consent to these regulations so far as they apply to officers of customs and excise.

NOW THEREFORE, I, the Minister for Local Government and Public Health, in exercise of the powers vested in me by the Public Health (Ireland) Acts, 1878 to 1919, and of all other powers in this behalf enabling me do hereby make the following regulations, that is to say:—

1. In these Regulations:

The expression "officer of customs and excise" includes any person acting under the authority of the Revenue Commissioners.

The expression "sanitary authority" means the Dublin Port Sanitary Authority, the Cork Port Sanitary Authority, the Waterford Port Sanitary Authority, or the Galway Port Sanitary Authority, as the case may be.

The expression "local authority" means every port sanitary authority and every urban district council, rural district council, board of public health or board of health and public assistance whose district includes or abuts on any part of a customs port or customs station which port or station is not within the jurisdiction of a port sanitary authority.

The expression "importer" means any person in Saorstát Eireann who either as owner or consignee, agent or broker is entitled to the possession, custody or control of a specified article.

The expression "specified article" means:

(a) body linen or clothing which has been in use;

(b) bedding which has been in use;

(c) rags;

but does not include any such body linen, clothing or bedding which is part of the personal luggage of an importer and is imported for his or her sole personal use.

The expression "Great Britain" means England, Scotland and Wales.

2. These Regulations shall come into operation on the 1st day of September, 1927, and shall continue in operation until I shall otherwise determine and shall be enforced and executed by every officer of customs and excise and by the sanitary authority and by the medical officer of health of the sanitary authority and where the circumstances so require by any other officer of the sanitary authority or by any local authority.

3. (1) No person shall import into Saorstát Eireann a specified article from any place in Great Britain or Northern Ireland save and except through the ports of Dublin, Cork, Waterford and Galway, unless:

(a) such article shall be accompanied by a certificate of a medical officer of health of the place in Great Britain or Northern Ireland from which the article has been imported that it has been efficiently disinfected; or

(b) such article shall be accompanied by a certificate of a medical officer of the port of entry in Northern Ireland if such article has been imported into Northern Ireland from Great Britain, that the article has been efficiently disinfected; or

(c) such article shall be accompanied by a certificate of a medical officer of health of the place in Northern Ireland from which the article is imported into Saorstát Eireann that the article has not been imported into Northern Ireland from Great Britain.

(2) If in any case an officer of customs and excise is of opinion that an offence has been committed under this regulation he shall communicate to me for my information the name of the importer and such other information as he may possess or obtain as to the destination of the specified article.

4. (1) For the purposes of disinfection as hereinafter provided an officer of customs and excise shall cause to be detained at such place as he shall think proper any specified article which is imported into Saorstát Eireann under this Order through the Ports of Dublin, Waterford, Cork or Galway, and which is not accompanied by a certificate of a medical officer of health in accordance with Article 3 of this Order. Notice of such detention and of the place at which the specified article is detained shall be given by the officer of customs and excise in writing to the importer, and to the medical officer of health of the sanitary authority.

(2) Upon being informed by the officer of customs and excise that a specified article has been detained by him for the purposes of disinfection under this Order the medical officer of health of the sanitary authority shall forthwith cause the same to be efficiently disinfected free of charge and at the cost of the sanitary authority and for that purpose the officer of customs and excise shall authorise the removal by such medical officer of health of the specified article from the place at which it is detained.

(3) Upon completion of disinfection the medical officer of health of the sanitary authority shall cause the specified article to be delivered to the officer of customs and excise at the place at which the same was detained or at such other place as the officer of customs and excise shall specify accompanied by a certificate that the specified article has been efficiently disinfected and thereupon the officer of customs and excise shall, if the article was detained by him only for the purposes of disinfection, authorise its removal by the importer.

5. Where a specified article is imported into Saorstát Eireann in contravention of these regulations it shall be detained by the officer of customs and excise and if it is not exported from Saorstát Eireann by the importer within twenty-four hours after being thereunto required by the officer of customs and excise, the local authority shall on being notified by the officer of customs and excise cause it to be destroyed under the supervision of a medical officer of health or other officer who shall certify the fact of such destruction to the officer of customs and excise.

6. No person shall remove or cause to be removed a specified article from the place at which it is detained by an officer of customs and excise for the purposes of this Order except with the permission of such officer.

7. If any specified article which shall be disinfected by a medical officer of health of a sanitary authority under this Order shall in the course of such disinfection suffer any unnecessary damage the sanitary authority shall compensate the owner for the same and the amount of compensation shall be recoverable in, and in case of dispute shall be settled by the District Court.

8. Nothing in this Order shall have effect so as to prohibit the transit through Saorstát Eireann of a specified article consigned to a destination outside Saorstát Eireann where the specified article is so packed and so carried as effectually to prevent actual and direct contact of the specified article with any person while the specified article is on its way to such destination.

9. Nothing in these regulations shall render liable to detention or disinfection any article forming part of any mail conveyed under the authority of the Minister for Posts and Telegraphs or of the postal administration of any foreign government or shall prejudicially affect the receipt on board and delivery in due course to the Post Office of any such mail in accordance with the provisions of the Post Office Acts.

10. These regulations may be cited as the Smallpox (Importation of Clothing, etc.) Temporary Regulations, 1927.

Given under My Seal of Office, this twenty-ninth day of July, in the Year of Our Lord One Thousand Nine Hundred and Twenty-seven.

(Signed), RISTEARD UA MAOLCHATHA,

Minister for Local Government and Public Health.