S.I. No. 4/2008 - Infectious Diseases (Shipping) Regulations 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22nd January, 2008.

I, MARY HARNEY, Minister for Health and Children, in exercise of the powers conferred on me by sections 5, 29 and 31 (as amended by section 34 of the Health Act 1953 (No. 26 of 1953) of the Health Act 1947 (No. 28 of 1947) (as adapted by the Health (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 308 of 1997 )) and after consultation with the Minister for Transport, hereby make the following regulations:

PART 1 PRELIMINARY AND GENERAL

Citation

1. These Regulations may be cited as the Infectious Diseases (Shipping) Regulations 2008.

Definitions

2. In these Regulations—

“cleanse” includes disinfection, disinsectation, and disinfestation;

“crew” means any person working on a ship or available for work on a ship concerned whether or not for gain or reward;

“designated port” means Cork Port, Dublin Port, Limerick Port, Rosslare Ferry Port or Waterford Port;

“district” means a functional area of the HSE;

“foreign port” means a port or place situated elsewhere than in the State;

“Harbour Authority”, in relation to a port means the person or body with overall responsibility for the movement of ships in or out of the port;

“health officer” means a person appointed under Regulation 4;

“HSE” means Health Service Executive;

“infected” in relation to a ship arriving in a district, means a ship that has on board a case of an infectious disease;

“infectious disease” means any of the diseases to which Schedule 1 relates;

“International Health Regulations” means the International Health Regulations as adopted by the Fifty-eighth World Health Assembly on 23 May 2005;

“master” includes any officer or other person for the time being in charge of or in command of a ship;

“medical officer of health” has the same meaning as it has in paragraph 4 of Schedule 5 to the Health Act 2004 (No. 42 of 2004);

“Minister” means Minister for Health and Children;

“pilot” means any person not belonging to a ship who has the conduct of the ship;

“placed under surveillance” means that the person in relation to whom the expression is used is required to submit to medical examination and such enquiries as are necessary to ascertain his or her state of health and may include a requirement to report to a medical officer of health on arrival in his or her functional area and periodically thereafter;

“port” includes a harbour;

“ship” includes a boat or other vessel;

“Ship Sanitation Control Exemption Certificate” means a Ship Sanitation Control Exemption Certificate contained in Annex 3 to the International Health Regulations, which certificate is—

(a) set out in Schedule 3, and

(b) issued under these Regulations

or otherwise issued in conformity with Article 39 of the International Health Regulations;

“Ship Sanitation Control Certificate” means a Ship Sanitation Control Certificate contained in Annex 3 to the International Health Regulations, which certificate is—

(a) set out in Schedule 3, and

(b) issued under these Regulations,

or otherwise issued in conformity with Article 39 of the International Health Regulations.

Enforcement of Regulations

3. These Regulations shall be enforced by the HSE in its functional areas.

Appointment of health officers

4. (1) The HSE may appoint in writing such and so many of its officers to be health officers for the purposes of these Regulations.

(2) A person appointed a health officer under paragraph (1) shall cease to be a health officer-

(a) upon ceasing to be an officer of the HSE,

(b) where the person is appointed for a specified or determinable period, at the end of the period concerned or upon ceasing to be an officer of the HSE, whichever first occurs, or

(c) where the appointment is terminated by the HSE.

PART 2 SHIPS ARRIVING

Ascertainment of health conditions on board ship

5. (1) The master of a ship approaching a district from a foreign port shall ascertain the state of health of all persons on board.

(2) Where any member of the crew of a ship, becomes aware that a person on board is—

(a) suffering from an infectious disease, or

(b) has symptoms which may indicate the presence of an infectious disease,

then that member shall report the details to the master of the ship.

Sending of messages in certain cases

6. The master of a ship approaching a port from a foreign port shall notify the Harbour Authority concerned of any case, or suspected case of infectious disease, or any death due to a case or suspected case of infectious disease. Such notification shall be sent to the Harbour Authority concerned not more than 24 hours before arrival and not less than 4 hours before arrival but, if the duration of the voyage from the foreign port is less than 4 hours, as soon as possible. The Harbour Authority concerned shall immediately forward a copy of the notification to a medical officer of health in whose district the port is situated.

Mooring stations

7. (1) The HSE may with the consent of the Minister, and shall, if the Minister so directs, establish with the concurrence of the collector of Customs and Excise or other proper officer of the Revenue Commissioners and the Harbour Authority concerned a mooring station in such a situation as to enable a ship to be moored without coming into contact with other ships or with the shore.

(2) A mooring station established pursuant to paragraph (1) may be designated by a medical officer of health as a special mooring station for a particular ship.

Infected ships, etc

8. (1) If a ship arriving in a district has on board a case of an infectious disease then the master of the ship shall cause the ship—

(a) to be taken to a mooring station, or

(b) subject to paragraph (2) where the medical officer of health allows the ship to be isolated at its place of mooring, discharge or loading, or otherwise directs it to be taken to such place and be dealt with in accordance with such direction.

(2) The master of a ship shall cause the ship to be taken to a mooring station if at any time a medical officer of health, has reason to believe that the ship should be so moored.

(3) If a ship is an infected ship a medical officer of health shall for the purpose of the International Health Regulations carry out such measures as he or she considers necessary in respect of the infected ship.

(4) When a ship is taken to a mooring station by virtue of paragraph (1) or (2), then such ship shall remain at the mooring station until it has been examined by a medical officer of health and any measures which may be required to be carried out under paragraph (3) have been completed.

Maritime declaration of health

9. (1) The master of ship arriving in a district from a foreign port shall, if—

(a) required by a medical officer of health, or

(b) directed by the Minister,

complete and sign a maritime declaration of health in the form set out in Schedule 2. If a ship’s surgeon is on board the ship he or she shall countersign the declaration.

(2) Where appropriate, the master of a ship shall deliver a maritime declaration of health to a medical officer of health or other health officer.

(3) The master of the ship shall,—

(a) where there is a case or a suspected case of an infectious disease on board, or

(b) where a death has occurred on board due to a case or a suspected case of an infectious disease,

deliver to a medical officer of health or a health officer for delivery to the medical officer of health, a duly completed maritime declaration of health in the form set out in Schedule 2.

Detention of ships

10. (1) Where a ship arrives in a district from a foreign port and it appears to an officer of Customs and Excise that—

(a) during the voyage (or, the last 6 weeks of the voyage, whichever is the lesser period) there has been on the ship a death from illness suspected to be of an infectious nature or a case of such illness,

(b) the ship has called at a port or seaboard included in the list kept under Regulation 29, or

(c) during the voyage (or, the last 6 weeks of the voyage, whichever is the lesser period)—

(i) plague has occurred or been suspected, or

(ii) sickness or death not attributable to poison or other measures for destruction has occurred,

among rats or mice on the ship,

then he or she shall direct that the ship be taken to and detained at a mooring station unless the medical officer of health otherwise directs.

(2) A medical officer of health may direct that a ship arriving from a foreign port shall be detained for medical inspection, and may give notice in writing to that effect, to the officer of Customs and Excise concerned who shall deliver the notice to the master.

Saver in relation to mooring, etc., of detained ship and cessation of detention

11. (1) If a ship is detained under Regulation 10(2)—

(a) it shall be allowed to proceed to, or remain at, its place of mooring, discharge or loading unless a medical officer of health otherwise directs, and

(b) a medical officer of health shall visit the ship as soon as possible.

(2) The detention of a ship by an officer of Customs and Excise under Regulation 10(2) shall cease as soon as the ship has been duly visited and inspected by a medical officer of health or, if the inspection has not commenced within 12 hours after the ship has been moored, on the expiration of that period.

Restrictions on boarding or leaving ship

12. (1) (a) Where a ship arrives in a district from a foreign port no person other than a pilot, an officer of Customs and Excise, an immigration officer or a person acting pursuant to these Regulations shall, without the permission of a medical officer of health or other health officer, board or leave the ship until it is free from control under these Regulations, and the master shall take all necessary steps to secure compliance with this Regulation.

(b) A person who is entitled to leave a ship to which that paragraph (a) relates shall, where practicable, not leave the ship without consulting a medical officer of health or other health officer.

(2) A medical officer of health may require any person who applies for permission to leave a ship which is not free from control under these Regulations as a preliminary condition to state his or her name, and his or her intended destination and address, and to give any other information which the medical officer of health may reasonably think necessary for transmission to the medical officer of health for the district within which the intended destination of the person is situated.

(3) If a person who is required to state his or her intended destination and address before being permitted to leave a ship which is not free from control under these Regulations, either is unable to do so or if having done so he or she arrives, within a period after landing to be specified to him or her by a medical officer of health, which shall not exceed 14 days, at a place other than that which he or she has so stated, he or she shall, immediately after his or her arrival, forward particulars of his or her actual place of arrival and his or her address to a medical officer of health for the district in which he or she left the ship.

Ships arriving from infected ports and seaboards and ships at mooring stations

13. (1) A medical officer of health or other health officer shall—

(a) inspect, on arrival in the district, any ship which has come from or called at any foreign port or seaboard which is included in the list kept under Regulation 29, and any other ship which has come from or called at a foreign port and on which plague (human or rodent), typhus, or other infectious disease has occurred or been suspected during the voyage, and

(b) cause all practicable steps to be taken to prevent the escape of rats from a ship which has been detained at or sent to a mooring station or isolated at its place of mooring, discharge or loading on account of the discovery of or suspicion of the presence on board of plague-infected rats.

(2) A medical officer of health shall within 12 hours after—

(a) the arrival of a ship at a mooring station, or

(b) the detention of a ship by an officer of Customs and Excise,

or as soon as possible thereafter, board and examine the ship, and if the ship is liable to be subjected to further control under these Regulations detain the ship or continue its detention, as the case may require.

(3) For the purposes of paragraph (1)(a), a ship shall be deemed not to have come from or called at a foreign port or seaboard if without having been in communication with the shore, it has landed only mail or passengers and their luggage, or it has taken on board only mail or passengers with or without their luggage from another ship which has not been in communication with the shore.

Removal of ship to mooring station after arrival in district

14. If—

(a) plague-infected rats are discovered, or

(b) plague, typhus, or other infectious disease occurs,

on any ship after it has come into a district, a medical officer of health may if he or she thinks fit, require the master to remove the ship to a mooring station.

Issue of Ship Sanitation Control Exemption Certificates and Ship Sanitation Control Certificates

15. (1) On the arrival of a ship from a foreign port in a district a medical officer of health or health officer shall, unless a valid Ship Sanitation Control Exemption Certificate or a valid Ship Sanitation Control Certificate is produced in respect of the ship, take such steps as he or she may consider necessary to ascertain whether the ship is maintained in such a condition that it is not a danger to public health or the spread of infection.

(2) If, after the ship has been inspected, a medical officer of health or health officer is satisfied that the ship is maintained in such a condition that it is not a danger to public health or the spread of infection, then he or she shall sign and issue a Ship Sanitation Control Exemption Certificate in the form set out in Schedule 3.

(3) If, after the ship has been inspected, a medical officer of health or health officer is of opinion that the ship is a danger to public health or the spread of infection then he or she shall give directions for the control measures necessary for the control of danger to public health or the spread of infection to be carried out in a designated port.

(4) After the control measure have been completed to his or her satisfaction, a medical officer of health or health officer shall sign and issue a Ship Sanitation Control Certificate in the form set out in Schedule 3.

Applications for Ship Sanitation Control Exemption Certificates or Ship Sanitation Control Certificates

16. On receipt of an application in writing from—

(a) the owner of a ship in a designated port, or

(b) the master of the ship acting for and on behalf of the owner,

for a Ship Sanitation Control Exemption Certificate or a Ship Sanitation Control Certificate in respect of the ship, a medical officer of health or health officer shall take such steps as he or she may consider necessary to satisfy himself or herself that the ship is maintained in such a condition that it is not a danger to public health or the spread of infection or where appropriate, give directions for the control measures necessary for the control of danger to public health or the spread of infection to be carried out, and, on being satisfied as to the condition of the ship or that the control measures necessary for the control of danger to public health or the spread of infection to be carried out have been properly carried out, he or she shall issue the appropriate certificate.

Form of and fees for Ship Sanitation Control Exemption Certificate and Ship Sanitation Control Certificate

17. (1) A copy of every Ship Sanitation Control Exemption Certificate and Ship Sanitation Control Certificate shall be retained in the office of the HSE, and where the Minister has directed in writing, either generally or in respect of a particular class or classes of certificates or ships, a copy shall be sent by the HSE to the Minister.

(2) The owner or the master of a ship shall pay to the HSE such fee for the inspection of the ship and for the issue of a Ship Sanitation Control Exemption Certificate or a Ship Sanitation Control Certificate as the HSE, with the consent of the Minister, may from time to time specify.

(3) In determining the fee payable in respect of an inspection and in specifying fees payable, the HSE shall have regard to the costs incurred in carrying out inspections and, for that purpose, account may be taken of—

(a) the size, type and configuration of different ships,

(b) the location of a ship, including its distance from the normal place of work of a medical officer of health or health officer undertaking the inspection,

(c) the length of time the inspection takes,

(d) the time of day and the day of the week on which the inspection was carried out (including whether the inspection was carried out on a public holiday within the meaning of the Organisation of Working Time Act 1997 (No. 20 of 1997)),

(e) such other costs as may reasonably be incurred for the purpose of the inspection concerned.

(4) A fee payable pursuant to paragraph (2) may be recovered by the HSE as a simple contract debt in any court of competent jurisdiction.

PART 3 SHIPS IN PORT

Embarkation of persons

18. (1) A medical officer of health—

(a) may examine or cause to be examined any person proposing to embark on a ship departing from the State whom he or she suspects to be suffering from an infectious disease,

(b) may, if after examination, he or she is of the opinion that the person shows symptoms of an infectious disease, prohibit his or her embarkation, and

(c) shall notify the master as to any person embarking on or continuing his or her voyage on the ship, who in the opinion of a medical officer of health or other health officer should be placed under surveillance.

Infected areas

19. (1) The Minister may by declaration, notice of which is published in the Iris Oifigiúil, declare for the purpose of these Regulations any district or part of a district for the time being to be infected with an infectious disease. (In these Regulations referred to as “an infected area”).

(2) The following shall apply to an infected area—

(a) a medical officer of health may prohibit the embarkation on any ship of a person coming from an infected area, or permit his or her embarkation subject to specified conditions,

(b) a medical officer of health may at any time and shall within 12 hours after receiving a request from the master to do so, visit any ship in his or her area, and may medically examine any person coming from an infected area who proposes to embark on or is on board the ship,

(c) a medical officer of health or other health officer may, and at the request of the master of a ship shall, examine any clothing, bedding, or other article which is worn by or is intended to be taken by any person on the ship and which, in the opinion of a medical officer of health or other health officer may have been exposed to infection, and may in the interest of public health, require the cleansing or destruction of any such clothing, bedding, or article of personal use,

(d) a medical officer of health or other health officer may require any part of a ship which, in his or her opinion, may be infected to be cleansed to his or her satisfaction, and

(e) a person coming from an infected area shall not take or cause to be taken on board a ship, any clothing, bedding or any article whatsoever which, in the opinion of a medical officer of health or other health officer is capable of carrying infection, unless that officer is satisfied that it has been cleansed effectively.

Special provisions relating to plague

20. When any district or part of a district is for the time being an infected area because of infection with plague, a medical officer of health may, and shall if so required by the Minister, do in relation to any ship in a port in his or her district which is in the infected area any or all of the following—

(a) take such steps as are necessary to ensure any ship on which he or she has reason to believe there are rats, is maintained in such a condition that it is not a danger to public health or the spread of infection and for that purpose Regulations 15, 16, and 17 shall apply with the necessary modifications,

(b) require the master of any such ship to take under the direction of a medical officer of health or other health officer, such precautions for effectively preventing rats gaining access from the shore to the ship as in the opinion of such officer are necessary for preventing the spread of infection.

Special provisions relating to typhus

21. Where any district or part of a district is for the time being an infected area because such area is an area in which typhus exists in an epidemic form, a medical officer of health may require any person coming from the infected area who proposes to embark on or is on board any ship to be cleansed to his or her satisfaction.

PART 4 MISCELLANEOUS

Powers of medical officer of health and other health officers to enter ship, etc

22. For the purposes of these Regulations a medical officer of health and other health officer—

(a) shall have power to enter or board any ship in his or her district, and

(b) may cause the ship to be brought to and, if necessary, moored or anchored in a safe and convenient place while it is visited and inspected.

Examination of persons, etc

23. A medical officer of health may—

(a) examine or cause to be examined any person who is suffering from an infectious disease on board a ship in his or her district,

(b) examine or cause to be examined any person who is on board such a ship, where there are reasonable grounds for believing or suspecting that infectious disease is or may be present on the ship, or that a person on board the ship has been exposed to infection from infectious disease during the voyage of the ship or during a period of 3 weeks immediately preceding the arrival of the ship in the district,

(c) examine or cause to be examined any person who is on board a ship in the district and is reasonably believed to be carrying or infected with vermin,

(d) detain or cause to be detained a person for the purpose of examination either upon the ship or at some appointed place on shore,

(e) cause any person and the clothing of or any articles belonging to such person to be cleansed,

(f) prohibit any person to examine from leaving the ship, or from leaving the ship except on such specified conditions as appear to the medical officer of health to be reasonably necessary to prevent the spread of infection, and

(g) require the master to take or assist in taking such steps as, in the opinion of the medical officer of health, are reasonably necessary or otherwise in the interest of public health for preventing the spread of infection by any person, for the destruction of vermin and for the removal of conditions on the ship likely to convey infection, including conditions the existence of which might, in the medical officer of health’s opinion, facilitate the harbouring of vermin.

Duties of master of ship

24. The master of a ship in a district shall—

(a) answer all questions as to the health conditions on board which may be put to him or her by an officer of Customs and Excise or medical officer of health or other health officer and furnish the HSE and their officers with all such information and assistance as may be reasonably required by them,

(b) notify immediately a medical officer of health of any case of infectious disease on the ship and of any circumstances on board which are likely to lead to infection or the spread of infectious disease, including particulars as to the health and sanitary conditions of the ship and the presence of dead rats or mortality or sickness among rats in the ship, (where such mortality or sickness is not attributable to poison or other measures for destruction),

(c) comply with these Regulations and any directions or requirements of the HSE or a medical officer of health or other health officer given or made pursuant to these Regulations.

Compliance with directions etc, of HSE

25. (1) A person shall—

(a) comply with any directions, requirements or conditions of the HSE or any officer acting for the purposes of these Regulations, and

(b) shall furnish all such information as may be reasonably required (including information as to his or her name, destination, and address) and a person who has for the time being the custody or charge of a child or other person who is under a disability shall comply with any directions, requirements or conditions so given, made or imposed, and shall furnish all such information as aforesaid in respect of such child or other person in their custody or charge.

(2) A person placed under surveillance pursuant to these Regulations shall facilitate any medical examination required by a medical officer of health for the purposes of these Regulations.

Cleansing of ships and articles on board ships

26. (1) Where a medical officer of health certifies that the cleansing of—

(a) the whole or any part of a ship, or

(b) any article on board a ship which is likely to retain infection,

would tend to prevent the spread of infectious disease, then the HSE shall give notice in writing to the master of such ship that the whole or such part of such ship or such article is required to be cleansed by the HSE at the cost of the master of the ship, unless the master informs the HSE within 6 hours from the receipt of the notice that he or she will immediately cleanse the whole or part of such ship or such articles as are specified in the notice to the satisfaction of the medical officer.

(2) If—

(a) within 6 hours of the receipt of a notice under paragraph (1) the master of the ship concerned does not inform the HSE that he or she will immediately cleanse the whole or part of such ship or such articles as are specified in the notice to the satisfaction of the medical officer, or

(b) having so informed the HSE, he or she fails to have the whole or such part of that ship or the article concerned cleansed within a reasonable period thereafter,

the whole or such part of that ship or that article shall be cleansed by the HSE.

Charges for services

27. (1) Where the master of a ship is required by or under these Regulations to carry out any measures for reducing the danger or preventing the spread of infection, the HSE may, at the request of the master and, if it thinks fit, at the master’s cost, cause any such requirement to be complied with instead of enforcing the requirement against the master.

(2) The amount of the charge for any work undertaken by the HSE under paragraph (1) shall be such reasonable sum as to the exclusion of any charge or claim in respect of profit represents the actual or estimated cost to be incurred by the HSE in undertaking the work.

(3) When the HSE cause any requirement to be complied with at the cost of the master it may, where appropriate, require the amount of the charge for the work or a part of the work to be paid to or deposited with it before the work is undertaken.

(4) Where any action, including cleansing, has been taken with regard to a ship pursuant to these Regulations the HSE or a medical officer of health shall, at the request of the master or any other interested person furnish the master or other person free of charge with a statement in writing recording the particulars of the action and the reasons why the action was taken.

(5) A statement under paragraph (4) shall not take the form of a Ship Sanitation Control Certificate unless such a certificate could be issued under Regulation 15 or 16.

(6) A medical officer of health shall on the request of any interested person furnish him or her free of charge with a certificate showing any preventive measures which have been taken in respect of merchandise or baggage pursuant to these Regulations.

Recovery of fees and charges

28. A fee payable to the HSE in pursuance of Regulation 17(2) and a charge authorised by Regulation 27 may be recovered by the HSE as a simple contract debt in any court of competent jurisdiction.

List of infected ports and seaboards

29. (1) The Health Protection Surveillance Centre, as the National International Health Regulations focal point for Ireland shall from time to time prepare and maintain an up to date a list of foreign ports and sea-boards that are infected or believed to be infected with an infectious disease.

(2) A list prepared and maintained under paragraph (1) shall be distributed to all medical officers of health. The medical officer of health, in whose functional area a port is located shall in turn copy every such list and relevant amendments to each pilot and officer of Customs and Excise employed at the port and to the person in charge of the port.

(3) When preparing or amending a list under paragraph (1) the Health Protection Surveillance Centre shall take into account any information sent to it from time to time by the Minister and all other relevant information.

Saving for ships putting to sea

30. (1) The master of a ship in or approaching a district who does not desire to submit to any requirements of these Regulations which may be applicable shall, subject to compliance with any other obligation, be at liberty to put to sea without being subjected to control under these Regulations if he or she notifies a medical officer of health of his or her intention.

(2) If the master of such a ship desires to discharge cargo, to disembark passengers or to take on fuel, foodstuffs or water, a medical officer of health may grant him or her permission so to do subject to such conditions, in conformity with the provisions of the International Health Regulations as the medical officer of health thinks fit, and the master shall proceed accordingly and put to sea with due dispatch.

Cessation of detention of person or ship

31. (1) Where a medical officer of health has detained a person under these Regulations, the medical officer of health shall, as soon as he or she is satisfied that such detention is no longer necessary, notify such person accordingly and the detention shall immediately cease.

(2) Where a medical officer of health has detained a ship under these Regulations, he or she shall, as soon as he or she is satisfied that such detention is no longer necessary, notify the master of such ship and the appropriate officer of Customs and Excise accordingly and the detention shall immediately cease.

Revocation

32. The Infectious Diseases (Shipping) Regulations 1948 ( S.I. No. 170 of 1948 ) are revoked.

SCHEDULE 1 INFECTIOUS DISEASES

Cholera.

Pneumonic Plague.

Yellow fever.

Viral haemorrhagic fevers.

West Nile fever.

Smallpox.

Polio myelitis due to wild type poliovirus.

Human influenza caused by a new sub-type.

Severe acute respiratory syndrome (SARS)

Dengue fever, Rift Valley fever and meningococcal disease and any other infectious disease in respect of a person on board a ship originating in, coming from, or having passed through an area where any of those infectious diseases are of special national or regional concern.

Any other infectious disease which is of public health concern and of international importance.

SCHEDULE 2 MODEL OF MARITIME DECLARATION OF HEALTH

To be completed and submitted to the competent authorities by the masters of ships arriving from foreign ports.

Submitted at the port of. Date............

Name of ship or inland navigation vessel

Registration/IMO No...................arriving from sailing to..........................

(Nationality) (Flag of vessel)Master’s name

Gross tonnage (ship).................

Tonnage (inland navigation vessel).....................

Valid Sanitation Control Exemption/Control Certificate carried on board?

yes................ no................ Issued at date.........................

Re-inspection required- yes....... no.......

Has ship/vessel visited an affected area identified by the World Health Organization? yes..................... no........................

Port and date of visit

List ports of call from commencement of voyage with dates of departure, or within past thirty days, whichever is shorter:

Upon request of the competent authority at the port of arrival, list crew members, passengers or other persons who have joined ship/vessel since international voyage began or within past thirty days, whichever is shorter, including all ports/countries visited in this period (add additional names to the attached schedule):

(1) Name ............................................................ joined from:

(1)............................. (2)............................... (3).....................................

(2) Name ....................................... joined from:

(1)............................. (2)............................... (3)..........................................

(3) Name........................................joined from:

(1)............................. (2)............................... (3)..........................................

Number of crew members on board............

Number of passengers on board................

Health questions

(1) Has any person died on board during the voyage otherwise than as a result of accident? yes........ no.........

If yes, state particulars in attached schedule. Total no. of deaths..........

(2) Is there on board or has there been during the international voyage any case of disease which you suspect to be of an infectious nature? yes........ no........ If yes, state particulars in attached schedule.

(3) Has the total number of ill passengers during the voyage been greater than normal/expected? yes.... no.....

How many ill persons— ................

(4) Is there any ill person on board now? yes........ no........ If yes, state particulars in attached schedule.

(5) Was a medical practitioner consulted? yes........... no.......... If yes, state particulars of medical treatment or advice provided in attached schedule.

(6) Are you aware of any condition on board which may lead to infection or spread of disease? yes........ no........

If yes, state particulars in attached schedule.

(7) Has any sanitary measure (e.g. quarantine, isolation, disinfection or decontamination) been applied on board? yes........... no...........

If yes, specify type, place and date

(8) Have any stowaways been found on board? yes........... no.......... If yes, where did they join the ship (if known)—

(9) Is there a sick animal or pet on board? yes............. no..............

Note: In the absence of a surgeon, the master should regard the following symptoms as grounds for suspecting the existence of a disease of an infectious nature:

(a) fever, persisting for several days or accompanied by (i) prostration; (ii) decreased consciousness; (iii) glandular swelling;

(iv) jaundice; (v) cough or shortness of breath; (vi) unusual bleeding; or (vii) paralysis.

(b) with or without fever: (i) any acute skin rash or eruption; (ii) severe vomiting (other than sea sickness); (iii) severe diarrhoea; or (iv) recurrent convulsions.

I hereby declare that the particulars and answers to the questions given in this Declaration of Health (including the schedule) are true and correct to the best of my knowledge and belief.

Signed ............................................................

Master

Countersigned ..............................................

Ship’s Surgeon (if carried)

Date................................................................

ATTACHMENT TO MODEL OF MARITIME DECLARATION OF HEALTH

* State: (1) whether the person recovered, is still ill or died; and (2) whether the person is still on board, was evacuated (including the name of the port or airport), or was buried at sea.

SCHEDULE 3 MODEL SHIP SANITATION CONTROL EXEMPTION CERTIFICATE/SHIP SANITATION CONTROL CERTIFICATE

Port of.......... Date: ..............

This Certificate records the inspection and 1) exemption from control or 2) control measures applied

Name of ship or inland navigation vessel.........................Flag.......................... Registration/IMO No. ................

At the time of inspection the holds were unladen/laden with...... tonnes of.......................... cargo

Name and address of inspecting officer.......................

ATTACHMENT TO MODEL SHIP SANITATION CONTROL EXEMPTION CERTIFICATE/SHIP SANITATION CONTROL CERTIFICATE

Indicate when the areas listed are not applicable by marking N/A.

GIVEN under my Official Seal,

16 January 2008

MARY HARNEY.

Minister for Health and Children.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations replace the Infectious Diseases (Shipping) Regulations, 1948 ( S.I. No. 170 of 1948 )

These Regulations make amendments which conform to the standards set down by the International Health Regulations as adopted by the World Health Assembly on 23 May 2005. These Regulations authorise measures to be taken with a view to the prevention of danger to public health in relation to incoming or outgoing ships, its passengers; and or crew; and or conditions on board; they lay down the form of Maritime Declaration of Health to be completed by the Master of a ship in certain circumstances; they impose restrictions on boarding or leaving a ship in certain circumstances.

Provision is made for the issue of Ship Sanitation Control Exemption Certificates and Ship Sanitation Control Certificates in accordance with the International Health Regulations.

Provision is made for the detention and inspection of an infected or suspected ship; the placing under surveillance of a person(s) from an affected area; the removal of an infected person(s) from a ship; and the application of such additional measures applicable to infectious diseases that are of public health concern subject to the International Health Regulations.

Provision is made also for charges for certain services and for expenses of the Health Service Executive enforcing the Regulations

Copies may be obtained from the Government Publications Sale Office, Sun Alliance House, Molesworth Street, Dublin 2, or by mail order from Government Publications, Postal Trade Section, 51 St Stephen’s Green, Dublin 2. Fax: 01 647 6843.