Public Health
(Ships) (Jersey) Order 1971[1]
PART 1
GENERAL
1 Interpretation
(1) In
this Order unless the context otherwise requires –
“additional measures”
means such of the additional measures specified in Schedule 4 with respect
to the diseases subject to the International Health Regulations as are
appropriate;
“aliens officer”
means an Immigration Officer appointed under paragraph (1) of Schedule 2
to the Immigration Act 1971 of the United Kingdom, as applied by the Immigration
(Jersey) Order 1993;
“approved port”
means the port of St. Helier or a port outside Jersey approved in accordance
with Article 17(1) of the International Health Regulations for the issue
of Deratting Exemption Certificates only;
“authorized officer”
means the medical officer or any other officer authorized by the Minister to
enforce and execute any of the provisions of this Order;
“baggage”
means the personal effects of a traveller or of a member of the crew;
“crew” means
the personnel of a ship who are employed for duties on board;
“day” means a
period of 24 hours;
“Deratting
Certificate” means a certificate issued in accordance with Article 54
of the International Health Regulations;
“Deratting Exemption
Certificate” means a certificate issued in accordance with Article 54
of the International Health Regulations;
“designated approved
port” means an approved port designated in accordance with Article 17(2)
of the International Health Regulations for the issue of both Deratting
Certificates and Deratting Exemption Certificates;
“disease subject to
the International Health Regulations” means cholera, including cholera
due to the El Tor vibrio, plague, smallpox, including variola minor (alastrim),
and yellow fever;
“disinsecting”
means the operation in which measures are taken to kill the insect vectors of
human disease;
“epidemic”
means an extension of a disease subject to the International Health Regulations
by a multiplication of cases in an area;
“excepted area”
means all the territory of Belgium, Metropolitan France, Greece, the Republic
of Ireland, Italy, Luxembourg, the Netherlands, Spain and the United Kingdom,
the Channel Islands and the Isle of Man;
“excepted port”
means any port in the excepted area;
“foreign port”
means a port or other coastal place situated elsewhere than in the United
Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland;
“free pratique”
means permission for a ship to disembark and commence operation;
“harbour
master” means the Harbour Master within the meaning of the Harbours
(Administration) (Jersey) Law 1961 and includes a person acting under that
Law as the Harbour Master;
“harbour officer”
means the Harbour Master or any person appointed under Article 2 of the Harbours
(Administration) (Jersey) Law 1961;
“infected area”
means an area notified as such by the World Health Organisation under Article 11
of the International Health Regulations and which has not been subsequently
notified by that organisation as being free from infection;
“infected person”
means a person who is suffering from a disease subject to the International
Health Regulations or who is considered by the medical officer to be infected
with such a disease;
“infected ship”
means –
(a) a
ship which has on board on arrival a case of a disease subject to the International
Health Regulations;
(b) a ship
on which a plague-infected rodent is found on arrival; or
(c) a
ship which has had on board during its voyage –
(i) a case of human
plague which developed more than 6 days after the embarkation of the person
affected, or
(ii) a
case of cholera which developed within 5 days before arrival, or
(iii) a
case of yellow fever or smallpox,
and which has not
before arrival been subjected in respect of such case to appropriate measures
equivalent to those provided for in this Order;
“infectious disease”
means a disease subject to the International Health Regulations or any other
infectious or contagious disease other than venereal disease or tuberculosis;
“International
Health Regulations” means the International Health Regulations adopted by
the 22nd World Health Assembly in 1969, as amended by the 26th World
Health Assembly in 1973;
“isolation”,
when applied to a person or group of persons, means the separation of that person
or group of persons from other persons, except the health staff on duty, in
such a manner as to prevent the spreading of infection;
“Maritime
Declaration of Health” means a declaration in the form set out in Schedule 2;
“master” means
the person for the time being in charge of or in command of a ship;
“medical officer”
means the Medical Officer of Health (Inspecteur
Médical) appointed under Article 10 of the Loi (1934) sur
la Santé Publique, or a duly qualified medical practitioner acting
under the Medical Officer’s direction for the purpose of executing this Order
or any of the provisions thereof;
“mooring station”
means a place specified by the Minister, with the consent of the Minister for Sustainable Economic Development, for the
mooring of ships for medical inspection so that they do not come into contact
with other ships or the shore;
“ship”
includes a hovercraft, or any other vessel used in navigation;
“suspect”
means a person, not being an infected person, who is considered by the medical
officer as having been exposed to infection by a disease subject to the International
Health Regulations and is considered capable of spreading that disease;
“suspected ship”
means –
(a) a
ship which, not having on board on arrival a case of human plague, has had on board
during the voyage a case of that disease which developed within 6 days of the
embarkation of the person affected;
(b) a
ship on which there is evidence of abnormal mortality among rodents, the cause
of which is unknown on arrival;
(c) a
ship which has had on board during the voyage a case of cholera which developed
more than 5 days before arrival;
(d) a
ship which left within 6 days before arrival an area infected with yellow fever:
Provided that a ship to
which paragraph (a) or (c) applies shall not be deemed to be a suspected
ship if in respect of such case of human plague or cholera, as the case may be,
the ship has before arrival been subjected to appropriate measures equivalent
to those provided for in this Order;
“valid” in
relation to a Deratting Certificate or Deratting Exemption Certificate issued
for a ship, means issued not more than 6 months before the production of the
Certificate to the medical officer;
“valid International
Vaccination Certificate” means a certificate of vaccination or
revaccination against smallpox which is
in the form laid down and conforms with the rules of validity contained in Schedule 5.[2]
(2) For
the purposes of this Order, a ship shall not be deemed to have been in an
infected area, if, without having itself been in contact with the shore, it has
landed there only mail, passengers and baggage, or has taken on board there
only mail, fuel, water or stores or passengers, with or without baggage, who
have not themselves been in contact either with the shore or with any person
from the shore.
(3) Without
prejudice to any enactment or rule of law which applies in relation to His
Majesty’s armed forces or to any of the other armed forces hereinafter
mentioned as part thereof, nothing in this Order shall apply to any ship
forming part of His Majesty’s armed forces or of the armed forces of any
country within the Commonwealth or of the armed forces of any other country for
the time being designated for the purposes of all the provisions of the Visiting
Forces Act 1952 of the United Kingdom following section 1(2) thereof, or
to the officers and crew of any such ship.[3]
2 List of infected areas
(1) The
medical officer shall from time to time prepare and keep up to date a list of
ports and other areas which are infected or believed to be infected with a
disease subject to the International Health Regulations or which may serve
other places or areas so infected or believed to be so infected.
(2) The
medical officer shall supply copies of every such list and any amendment thereof
to the harbour master.
(3) In
preparing and amending the said list the medical officer shall take into
account all information sent to the medical officer from time to time by the
Secretary of State for Social Services of the United Kingdom or issued by the
World Health Organization.
PART 2
INCOMING SHIPS
3 Inspection of ships
(1) The
medical officer may, for the purposes of this Order inspect any ship on arrival
or already in Jersey.
(2) The
medical officer shall inspect –
(a) on
arrival any ship in respect of which the master has sent to the harbour master
a message or notification under Article 8; and
(b) any
ship already in Jersey when the medical officer has reasonable grounds for
believing that there is on board a case or suspected case of infectious
disease.
4
Any authorized officer
may for the purposes of this Order require a ship on arrival or already in Jersey
to be brought to, and if necessary moored or anchored at, some safe and
convenient place for the purpose of medical inspection.
5 Examination of persons on ships
(1) The
medical officer may, and if so requested by the master or required by the
Minister shall, examine any person on board a ship on arrival or already in Jersey
when there are reasonable grounds for suspecting that –
(a) the person
is suffering from an infectious disease;
(b) the person
has been exposed to infection from an infectious disease;
(c) the person
is verminous.
(2) The
medical officer may –
(a) detain
any such person for such examination either upon the ship or at some place on
shore appointed for the purpose;
(b) require
the clothing and other articles belonging to any person so examined to be
disinfected and, where necessary, disinsected, and any person found to be
verminous to be disinsected;
(c) except
as provided in Article 25, prohibit any person so examined from leaving
the ship, or permit the person to leave it on such conditions and subject to
the taking of such measures, pursuant to this Order, as the medical officer
considers reasonably necessary for preventing the spread of infection; and
(d) require
the master to take or assist in taking such steps as in the opinion of the
medical officer are reasonably necessary for preventing the spread of
infection, for disinsection and the destruction of vermin, and for the removal of
conditions on the ship likely to convey infection, including conditions the
existence of which might facilitate the harbouring of insects or vermin.
(3) On
the arrival of any ship which during its voyage has been in a foreign port
other than an excepted port the medical officer or other authorized officer
may, and if so required by the Minister shall, require any person on board or
disembarking from the ship to produce a valid International Vaccination
Certificate.
(4) An
aliens officer may detain until the arrival of the medical officer or for 3
hours, whichever is the shorter period, any such person who has been required
to produce such a certificate and is unable to do so.
(5) Where
any person fails to satisfy the medical officer that the person possesses such
a certificate, the medical officer may detain the person for examination at a
place appointed for that purpose, and may apply in the person’s case the
additional measures mentioned in Part 2 of Schedule 4 and in paragraphs (1)
and (2) of Part 4 of Schedule 4.
(6) The
powers conferred by paragraphs (3), (4) and (5) shall not be exercised in
respect of any person on board a ship arriving from an excepted port unless the
Minister has directed, or the medical officer is satisfied, that the exercise
of this power is necessary on account of danger to public health.
(7) Nothing
in this Article shall be deemed to authorize the use of a ship for the
isolation of a person who is suffering from, or had been exposed to infection
from, an infectious disease unless such isolation can be effected without
delaying or unduly interfering with the movements of the ship.
6 Powers in respect of certain persons and ships
(1) Where
there is, or the medical officer suspects that there is, on board a ship on
arrival or already in Jersey, a person suffering from an infectious disease or
tuberculosis, the medical officer may –
(a) in
the case of an infectious disease, cause such person to be removed from the
ship and isolated or sent to a hospital or to some other suitable place
approved for that purpose by the Minister, as may be appropriate, or, except as
provided in Article 25, the medical officer may, by notice in writing to
the master, prohibit the removal of the person or the person’s
disembarking from the ship without the consent in writing of the medical
officer;
(b) in
the case of tuberculosis, if the person disembarks, send information to that
effect to the medical officer of health for the area in which the intended
destination and address of the person is situated.
(2) Where
the Minister is satisfied that a grave danger to public health exists by reason
of infectious disease and notifies the medical officer accordingly, the medical
officer may, and if the Minister so directs shall, require a person
disembarking from a ship to state in writing the person’s name, address
and intended destination.
7 Supply of information by masters
The master of a ship on
arrival or already in Jersey shall –
(a) answer
all questions as to the health conditions on board which may be put to the
ship’s master by a harbour officer or an authorized officer and furnish
any such officer with all such information and assistance as the officer may
reasonably require for the purposes of this Order;
(b) notify
the medical officer immediately of any circumstances on board which are likely
to cause the spread of infectious disease, including in the master of the
ship’s notification particulars as to the sanitary condition of the ship
and the presence of rodents, or mortality or sickness among rodents, on the
ship;
(c) comply
with the provisions of this Order, and with any directions or requirements of
an authorized officer given or made for the purposes of this Order.
8 Notification of infectious disease on board
(1) When
there is on board a ship before arrival a person who is suffering from an
infectious disease or who has symptoms which may indicate the presence of
infectious disease which require a positive answer to any question relating to
health in the Maritime Declaration of Health set out in Schedule 2, or
when there are on board a ship before arrival any other similar circumstances
requiring the attention of the medical officer, the master shall –
(a) if
the ship is equipped with a suitable radio transmitting apparatus, send before
arrival, either directly to the harbour master or through an agent approved by
the Minister a radio message complying with paragraph (2);
(b) if
the ship is not so equipped, notify the harbour master, whenever practicable
before arrival and otherwise immediately on arrival, of the presence on board
of such infectious disease, symptoms or other similar circumstances.
(2) Any
radio message sent for the purpose of this Article shall –
(a) be
sent so as to reach the harbour master not more than 12 hours, and whenever
practicable not less than 4 hours, before the expected arrival of the ship;
(b) if it
is in code, conform with Part VIII of the International Code of Signals as
reproduced in Schedule 1.
9 Signals
(1) The
master of a ship which is due to arrive in Jersey from a foreign port, or of a
ship which has proceeded from a port in the United Kingdom and which has met a
ship which has proceeded from a foreign port other than an excepted port shall,
when the ship comes within Jersey show or give between sunrise and sunset the
appropriate day signal set out in Part VIII of the International Code of
Signals as reproduced in Schedule 1 and between sunset and sunrise the
night signal set out in that Schedule:
Provided that the master
of a ship engaged in regular packet-boat or excursion traffic with a port in
France, Belgium or the Netherlands shall not be required to give or show any
such signal unless it has met a ship which has proceeded from a foreign port
other than an excepted port.
(2) The
signal required by paragraph (1) shall continue to be shown or given until
the ship is granted free pratique in writing by a harbour officer.
10 Maritime declaration of health
(1) Subject
to the provisions of this Article, on the arrival of a ship which during its
voyage has been in a foreign port, or of a ship which has proceeded from an
expected port and which has met a ship which has proceeded from a foreign port
other than an expected port, the master shall complete a Maritime Declaration
of Health in the form set out in Schedule 2 which shall be countersigned
by the ship’s surgeon if one is carried:
Provided that in the case
of a ship which during its voyage has not been in a foreign port other than an
excepted port, and has not during the voyage met a ship which has proceeded
from a foreign port outside the excepted area, the master shall not be bound to
comply with the provisions of this Article unless the master has been notified
by the medical officer that compliance with those provisions is necessary on account
of danger to public health.
(2) The
master shall deliver the Declaration to a harbour officer or authorized
officer, whoever first boards the ship.
(3) If
an authorized officer detains the ship under the provisions of this Order and the
authorized officer requires a copy of the Declaration, the medical officer
shall furnish the authorized officer with a copy.
11 Restriction on boarding or leaving ships
(1) On
the arrival of a ship from any foreign port or from any infected area, or of a
ship which has proceeded from an excepted port and which has met a ship which
has proceeded from a foreign port other than an excepted port, no person other
than a pilot, a harbour officer, an aliens officer or an authorized officer
shall, without the permission of the medical officer, board or leave the ship
until free pratique has been granted, and the master shall take all steps
necessary to secure compliance with this provision.
(2) Before
granting permission to a person to leave the ship, the medical officer may require
the person to state his or her name and intended destination and address, and
to give any other information which the medical officer may think necessary for
transmission to the medical officer of health for the area in which the
intended destination of the person is situated.
(3) If
such a person cannot state his or her intended destination and address or
arrives, within a period, not exceeding 14 days after landing, to be specified
to the person by the medical officer, at an address other than that which the person
has so stated, the person shall immediately after arrival forward particulars thereof
to the medical officer.
12 Deratting certificates and deratting exemption certificates
(1) If
the master of a ship which during its voyage has been in a foreign port cannot
produce to the medical officer or other authorized officer a valid Deratting
Certificate or Deratting Exemption Certificate in respect of the ship in the
form set out in Schedule 3, the medical officer or other authorized
officer shall cause the ship to be inspected to ascertain whether it is kept in
such a condition that it is free of rodents and the plague vector.
(2) If,
after the ship has been inspected, the medical officer or other authorized
officer is satisfied that the ship is free from rodents and the plague vector, the
officer shall issue a Deratting Exemption Certificate.
(3) If,
after the ship has been so inspected the medical officer or other authorized
officer is not so satisfied, the officer shall direct the ship to proceed at
its own risk to the nearest designated approved port convenient to the ship for
deratting.
(4) If
the master produces a Deratting Certificate or a Deratting Exemption
Certificate, but the medical officer or other authorized officer has evidence
that the deratting was not satisfactorily completed, the medical officer or
other authorized officer may, notwithstanding such Certificate, exercise in
relation to the ship the officer’s powers under paragraph (3).
13
Upon receipt of an
application in writing from the owner of a ship or from the master acting for
and on behalf of the owner, for a Deratting Exemption Certificate in respect of
the ship, the medical officer or other authorized officer shall take any steps which
the officer considers necessary to satisfy the officer that the ship is kept in
such a condition that it is free of rodents and the plague vector, and, on
being satisfied as to the condition of the ship the officer shall issue the
appropriate Certificate.
14
(1) Every
Deratting Certificate and Deratting Exemption Certificate shall be in the form
set out in Schedule 3.
(2) A
copy of every such Certificate issued in pursuance of Articles 12 and 13
shall be retained by the medical officer.
(3) The
owner or master of a ship shall pay to the Minister such charge as the Minister
may from time to time determine for the inspection of the ship for the purposes
of Article 13 or 14.
15 Detention of ships, and ships to be taken to mooring stations
(1) On
the arrival of an infected ship or a suspected ship, or any other ship on which
there has been, during its current voyage and within the last 4 weeks before
arrival, a case of a disease subject to the International Health Regulations in
respect of which the ship has not, outside Jersey been subjected to appropriate
measures equivalent to those provided for in this Order the master shall take
it to a mooring station unless an authorized officer otherwise allows or
directs.
(2) When
the medical officer has reason to believe that a ship on arrival may be one to
which paragraph (1) applies, the medical officer may direct the master to
take it to a mooring station or to such other place as the medical officer
considers desirable.
16
The medical officer may
for the purposes of this Order direct that any ship from a foreign port shall
on arrival be taken to a mooring station for medical inspection, and the
medical officer may, if a harbour officer is to be the first officer to board
the ship, give a notice in writing of such direction to the harbour officer,
who shall deliver the notice to the master.
17
Where on the arrival of a
ship from a foreign port it appears to a harbour officer, from information in
the Maritime Declaration of Health or otherwise, that the ship –
(a) has
during its voyage been in an infected area; or
(b) is
one to which Article 15(1) applies,
the harbour officer shall
direct the master to take it to a mooring station for detention there unless an
authorized officer otherwise allows or directs.
18
If, after arrival of a
ship, a case of a disease subject to the International Health Regulations occurs
on board, or plague-infected rodents are discovered or suspected on board, the
medical officer may direct the master of the ship to take it to a mooring
station.
19
A ship which has been
taken to a mooring station or directed there by a medical officer shall remain
there until it has been inspected by the medical officer.
20
The medical officer may
detain, or give notice in writing to a harbour officer to detain, any ship for
medical inspection at its place of mooring, not being a mooring station, or at
its place of discharge or loading.
21
The detention of a ship
by a harbour officer under this Order shall cease as soon as the ship has been
inspected by the medical officer or, if such inspection has not commenced
within 12 hours after the ship has been so detained, on the expiration of that
period:
Provided that nothing in
this Article shall affect the power of the medical officer to continue the
detention of a ship in accordance with Article 22.
22
(1) The
medical officer shall inspect any ship and the persons on board as soon as
possible after it has been taken or directed to a mooring station or after it
has been detained under this Order.
(2) If
the ship is one to which the medical officer is required to apply any further
measure under this Order or the additional measures set out in Schedule 4
or if after such inspection the medical officer considers it necessary to apply
any such further or additional measures the medical officer may detain the ship
at the mooring station or at such other place as the medical officer considers
desirable, or continue the detention, as the case may be, if such detention or
continued detention is necessary for the application of such further or
additional measures.
23
The medical officer may
require the master of a ship which has been taken or directed to a mooring
station or detained because plague-infected rodents have been discovered or
there are reasonable grounds for suspecting that such rodents are on board to
take all practicable measures to prevent escape of rodents from the ship.
24 Persons from infected areas
On the arrival of a ship
the medical officer may place under surveillance for the appropriate period
specified in Article 30(1) –
(a) any
person disembarking from the ship who has come from an infected area other than
an area infected with yellow fever or plague; and
(b) any
suspect disembarking from the ship who has come from an area infected with
yellow fever or plague.
25 Removal of infected persons from ships when required by master
The medical officer
shall, if so required by the master of a ship on arrival, cause any infected person
to be removed from the ship.
26 Additional measures
Without prejudice to any
other provisions in this Order the additional measures set out in Schedule 4
shall be applicable on the arrival of –
(a) any
infected ship or suspected ship;
(b) any
ship which has during its voyage been in an area infected with plague, cholera
or yellow fever;
(c) any
suspect for smallpox on a ship other than an infected ship;
(d) any
other ship when the medical officer is satisfied that, notwithstanding that
measures equivalent to such additional measures have been applied to the ship
at a previous port during its voyage, there is on board or has been on board
since such previous application an infected person or suspect and that it is
necessary again to apply any such measure, or the medical officer has evidence
that such previous application was not effective.
PART 3
OUTGOING SHIPS
27 Examination of persons proposing to embark
Where a ship is due to
depart from Jersey, the medical officer –
(a) may
examine any person who proposes to embark thereon if the medical officer has
reasonable grounds for believing the person to be suffering from a disease
subject to the International Health Regulations, and, if after examination the
medical officer is of the opinion that the person shows symptoms of such a
disease, shall prohibit the person’s embarkation and the time and place
of this examination shall be arranged so as to take into account any other
formalities and to avoid delay;
(b) shall
prohibit any suspect from embarking thereon:
Provided that in the case
of smallpox a person shall not be prohibited from embarking if the person
satisfies the medical officer that he or she is sufficiently protected by
vaccination or by a previous attack of smallpox;
(c) shall
notify by the most expeditious means the master and, also, the health authority
for the place to which the person is proceeding of any person embarking or
proposing to continue his or her voyage thereon who, in the opinion of the
medical officer, should be placed under surveillance;
(d) notwithstanding
the provisions of sub-paragraph (b) may allow a person on an international
voyage who, on arrival, was placed under surveillance to continue his or her
voyage. The medical officer shall notify by the most expeditious means the
health authority for the place to which the person is proceeding that such a person
should, in the opinion of the medical officer, be placed under surveillance.[4]
28 Outbreak in Jersey of diseases subject to the International Health
Regulations[5]
Where
the Minister has declared Jersey to be infected with a disease subject to the International
Health Regulations or with any other disease which in his or her opinion
constitutes a menace to other countries by reason of its spread or potential
spread, then, until the declaration is withdrawn, the medical officer shall
comply with any requirement which may be made by the Minister for preventing
the spread of the disease, and in particular (but without prejudice to the
generality of the foregoing provisions) the following provisions of this
Article shall operate in relation to any ship departing from Jersey for a
destination, whether final or intermediate, outside Jersey –
(a) an authorized officer,
if so required by the Minister, shall require a valid vaccination certificate
from departing travellers. In the absence of such a certificate the medical
officer may offer vaccination to any such traveller and may apply the
provisions of Article 27(c);
(b) the medical officer
may, and within 3 hours after receiving a request from the master so to do
shall, medically examine any person who proposes to embark on or is on board
the ship;
(c) the medical officer may
require any part of the ship which in the medical officer’s opinion may
be infected to be cleansed and disinfected to the medical officer’s
satisfaction;
(d) an authorized officer
shall inspect any clothing, bedding or other article which is on, or is
intended to be taken by any person on the ship and which, in the opinion of the
officer, may have been exposed to infection and may require the disinfection or
destruction of any such clothing, bedding or article, and the master shall
disclose to the authorized officer any relevant circumstances;
(e) no person shall take or
cause to be taken on board the ship any article which, in the opinion of an
authorized officer, is capable of carrying infection unless that officer is
satisfied that it has been efficiently disinfected and, where necessary
disinsected;
(f) if the disease in
respect of which the declaration is made is the plague, and if there is reason
to believe that there are rodents on the ship, the medical officer may, and if
so required by the Minister shall, take steps to secure the deratting of the
ship.
PART 4
MISCELLANEOUS
29 Compliance with directions under this Order
Every person to whom this
Order applies shall comply with every direction, requirement or condition
given, made or imposed by an authorized officer or a harbour officer pursuant
to this Order and shall furnish all such information as that officer may
reasonably require, including information as to the person’s name and
intended destination and address to which the person is going on leaving a
ship, and every person who has for the time being the custody or charge of a
child or other person who is under disability shall comply with any direction,
requirement or condition so given, made or imposed, and shall furnish all such
information as aforesaid in respect of that child or other person.
30 Surveillance
(1) Where
this Order permits a medical officer to place a person under surveillance, the
period of such surveillance shall not exceed such of the following periods as
may be appropriate –
(a) in
respect of plague, 6 days;
(b) in
respect of cholera, 5 days;
(c) in
respect of yellow fever, 6 days;
(d) in
respect of smallpox, 14 days.
(2) Where
a person has been so placed under surveillance for plague, cholera or smallpox
pursuant to Article 24 by reason of the person having come from an
infected area, the period shall be reckoned from the date of the person leaving
the infected area.
(3) When
a person has been so placed under surveillance pursuant to the additional
measures set out in Schedule 4, the period shall be reckoned in the manner
therein specified.
31
Every person who is
placed under surveillance pursuant to this Order 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 the arrival during the period of surveillance at any address other than
the one stated as the person’s intended address when placed under
surveillance, send particulars of that address to the medical officer;
(d) if
so instructed by the medical officer, report immediately to the medical officer,
and thereafter during the period of surveillance at such intervals as the
medical officer may require:
Provided that an
instruction shall not be given under this sub-paragraph except with the
authority of the Minister.
32 Charges for services
(1) Where
the master of a ship is required by this Order to carry out any measures with a
view to reducing the danger or preventing the spread of infection, the Minister
may himself or herself, at the request of the master, cause any such
requirement to be complied with at the Minister’s cost instead of
enforcing the requirement against the master.
(2) The
amount of the charge for any such measures or requirement undertaken by the
Minister shall be such reasonable sum as represents the actual or estimated
cost to be incurred in undertaking the work excluding any charge or claim on
the part of the Minister in respect of profit, but shall not exceed the sum of
£200 unless notice of the proposed charge has been given to the master
before the work is undertaken.
(3) Where
under this Article the Minister causes any requirement to be complied with at
the cost of the master the Minister may require the amount of the charge for
the work or a part thereof to be paid to, or deposited with it, before the work
is undertaken.
(4) Where,
pursuant to this Order any measures have been taken with regard to a ship, the
Minister or the medical officer shall, on the request of the master, furnish
the master free of charge with particulars in writing of those measures and the
reasons why they were taken.
(5) Where,
pursuant to this Order, any measures have been taken with regard to any person
or to any articles in the person’s possession, the medical officer shall,
on request by such person, furnish the person free of charge with particulars
in writing of those measures, including the date on which they were taken.
33 Recovery of charges
Every charge authorized
by Article 14 or 32 shall be recoverable as a civil debt to the States,
and proceedings for the recovery thereof may be instituted by the Treasurer of
the States either in term or in vacation.
34 Saving for mails
Nothing in this Order
shall render liable to detention, disinfection or destruction any article
forming part of any mail conveyed under the authority of the Chief Minister or
of the postal administration of any other Government or shall prejudicially
affect the receipt on board and delivery in due course at the place of
destination of any such mail in accordance with the provisions of the Post
Office Act 1953 of the United Kingdom as amended by Part II of Schedule 4
to the Post Office Act 1969 of the United Kingdom.[6]
35 Saving for ships unwilling to comply with this Order
(1) The
master of a ship on arrival, or already in Jersey, who is unwilling to comply
with, or submit to, any provision of, or requirement made under, this Order
which may be applicable shall so notify the medical officer, and the medical
officer may then require the master to remove the ship immediately from Jersey.
(2) If
before leaving Jersey the master wishes to discharge cargo or disembark
passengers or to take on board fuel, water or stores, the medical officer shall
permit the master to do so, but may impose such conditions pursuant to this Order
as the medical officer considers necessary.
36 Citation
This Order may be cited
as the Public Health (Ships) (Jersey) Order 1971.