Public Health
(Aircraft) (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 2 with respect
to the diseases subject to the International Health Regulations as are
appropriate;
“aerodrome”
means any area of land or water designed, equipped, set apart or commonly used
for affording facilities for the take-off and landing of aircraft, not being an
area the use of which for those purposes has been abandoned, 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
take-off and landing of aircraft capable of descending or climbing vertically;
“Aircraft
Declaration of Health” means a declaration containing the information
specified in Schedule 1, being either a separate document or a part of the
Aircraft General Declaration delivered in accordance with Appendix 5 of the International
Health Regulations adopted by the 22nd World Health Assembly in 1969, as
amended by the 26th World Health Assembly in 1973;
“Airport
Director” has the meaning it has in the Aerodromes
(Administration) (Jersey) Law 1952;
“airport officer”
means the Airport Director or any other person appointed under Article 2(4)
of the Aerodromes
(Administration) (Jersey) Law 1952;
“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;
“commander”
means the person for the time being in command of an aircraft;
“crew” means
the personnel of an aircraft who are employed for duties on board;
“day” means a
period of 24 hours;
“diseases 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 airport”
means any airport in the excepted 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;
“infected aircraft”
means –
(a) an
aircraft which has on board on arrival a case of a disease subject to the International
Health Regulations;
(b) an
aircraft on which a plague-infected rodent is found on arrival; or
(c) an
aircraft which has had a case of smallpox on board during its voyage and which
has not before arrival been subjected in respect of such case to appropriate
measures equivalent to those provided for in this Order;
“infected area”
means an area notified as such to the medical officer by the World Health
Organisation under Article II 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;
“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 spread of infection;
“medical officer”
means the Medical Officer of Health (Inspecteur
Médical) within the meaning of 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 purposes of executing this
Order or any of its provisions;
“sanitary airport”
means a customs airport which has been designated in accordance with Article 19
of the International Health Regulations;
“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 aircraft”
means an aircraft from which a case of cholera occurring on board during the
voyage has been removed before the arrival of the aircraft, and which has not
before arrival been subjected in respect of such case to appropriate measures
equivalent to those provided for in this Order;
“valid International
Vaccination Certificate” means a certificate of vaccination against
smallpox which –
(i) being
issued not later than the 30th November 1974, is in the form specified in Schedule 3,
or a form substantially to the same effect, or
(ii) being
issued on or after the 1st December, 1974, is in the form laid down, and
conforms with the rules of validity contained in Schedule 4;
“voyage”, in
relation to an aircraft, means the flight of the aircraft from its point of
origin via any intermediate points to its point of termination.[2]
(2) Any
reference, however expressed, in this Order to a person leaving an aircraft
shall be construed as a reference to that person leaving an aircraft and not
continuing his or her journey in that aircraft.
(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 aircraft
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 such aircraft or to any aerodrome under the control
of such forces.[3]
2 List of infected areas
(1) The
medical officer shall from time to time prepare and keep up to date a list of
aerodromes 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 Airport Director.
(3) In
preparing and amending such 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 Organisation.
PART 2
INCOMING AIRCRAFT
3 Inspection of aircraft
(1) The
medical officer may, for the purposes of this Order, inspect any aircraft at an
aerodrome.
(2) The
medical officer shall inspect –
(a) on
its arrival any aircraft in respect of which the commander has sent a message
under Article 8; and
(b) any
aircraft at the aerodrome when he or she has reasonable grounds for believing
that there is on board a case or suspected case of infectious disease.
(3) The
medical officer may require any aircraft which he or she intends to inspect
under the foregoing provisions of this Article to be taken to some safe and
convenient part of the aerodrome for such inspection if it cannot otherwise be
carried out effectively.
4 Examination of persons on aircraft
(1) The
medical officer may, and if so requested by the commander shall, examine any person
on board or leaving an aircraft at an aerodrome, 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 at a place 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 17, prohibit any person so examined from leaving
the aircraft or aerodrome or permit him or her 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 commander 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 aircraft likely to convey infection, including conditions the
existence of which might facilitate the harbouring of insects or vermin.
(3) The
medical officer may, and if so required by the Minister shall, require any person
on board or leaving an aircraft at an aerodrome to produce a valid
International Vaccination Certificate.
(4) The
Airport Director 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 such person fails to satisfy the medical officer that he or she possesses
such a certificate, the medical officer may detain him or her for examination
at a place appointed for that purpose, and may apply in his or her case the
additional measures mentioned in Part 2 of Schedule 2, and in paragraphs (1)
and (2) of Part 4 of Schedule 2.
5 Powers in respect of persons leaving aircraft
(1) Where
a person intending to leave an aircraft at an aerodrome is suffering, or the
medical officer suspects that he or she is suffering, from an infectious
disease or tuberculosis, the medical officer may –
(a) in
the case of an infectious disease, cause such person on leaving the aircraft to
be isolated, or to be sent to a hospital or to some other suitable place or,
except as provided in Article 17, the medical officer may, by notice in
writing to the commander, prohibit the person from leaving the aircraft without
the consent in writing of the medical officer;
(b) in
the case of tuberculosis, if the person leaves the aircraft, send information
to that effect to the Medical Officer of Health for the area in which the
intended destination 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 leaving an
aircraft at an aerodrome to state in writing his or her name, address and
intended destination.
6 Notice to Airport Director by medical officer
The medical officer shall
inform the Airport Director of any measure applied by him or her or at his or
her direction, pursuant to this Order to an aircraft, any person thereon, or
its stores equipment or cargo.
7 Supply of information by commanders
The commander of an
aircraft at an aerodrome shall –
(a) answer
all questions as to the health conditions on board which may be put to him or
her by an airport officer or an authorized officer visiting the aircraft, and
furnish any such officer with all such information and assistance as he or she
may reasonably require for the purposes of this Order;
(b) in
addition to any message sent pursuant to Article 8 notify immediately on
arrival to the medical officer any death on the aircraft during its voyage
caused otherwise than by accident, any case of infectious disease on the
aircraft, or any circumstances on board which are likely to cause the spread of
infectious disease, including in the commander’s notification particulars
as to the presence of rodents on the aircraft;
(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 an aircraft during its voyage a person who is suffering from
an infectious disease or who has symptoms which may indicate the presence of
infectious disease, or when there are on board the aircraft any other similar
circumstances requiring the attention of the medical officer, the commander
shall, immediately he or she is aware of the presence of such disease, symptoms
or other circumstances, send a radio message to that effect to the medical
officer or to the Airport Director.
(2) If
such radio message is sent to the medical officer, he or she shall immediately
notify the Airport Director of its contents.
(3) If
such radio message is sent to the Airport Director he or she shall immediately
notify the medical officer of its contents.
9 Aircraft declaration of health
(1) Except
where the Minister directs otherwise, on the arrival of an aircraft at an
aerodrome the commander or a member of the crew deputed to act on his or her
behalf shall complete an Aircraft Declaration of Health and deliver it to the
airport officer or medical officer, whoever first boards the aircraft.
(2) If
the airport officer detains the aircraft under the provisions of this Order and
he or she requires a copy of the Declaration, the medical officer shall furnish
him or her with such copy.
10 Detention of aircraft
(1) When
on the arrival of an aircraft at an aerodrome the medical officer has
reasonable grounds for believing that the aircraft may be an infected aircraft
or a suspected aircraft, or an aircraft which, although not falling within
either of such categories, has had on board during the voyage a case of a
disease subject to the International Health Regulations in respect of which the
aircraft has not outside Jersey been subjected to appropriate measures
equivalent to those provided for in this Order, he or she may cause the
aircraft to be detained for medical inspection.
(2) If
the medical officer has caused an aircraft to be so detained, he or she shall
deliver to the Airport Director a notice in writing of such detention.
11 Director’s duty
regarding certain notices
If the Airport Director
receives in respect of an aircraft a notice in writing from the medical officer
under Article 10, he or she shall, if he or she visits the aircraft before
the medical officer, deliver the notice to the commander and take all reasonable
steps to secure compliance therewith.
12 Detention of aircraft
etc.
Where on the arrival of
an aircraft at an aerodrome it appears to the airport officer, from information
on the Aircraft Declaration of Health or otherwise, that during the voyage of the
aircraft –
(a) there
has been on the aircraft a death caused otherwise than by accident, or a case
of illness which is or is suspected to be of an infectious nature;
(b) the
aircraft has been in an infected area; or
(c) death
not attributable to poison or other measures for destruction has occurred
amongst rodents on the aircraft,
he or she shall, unless
the medical officer otherwise directs, give such directions as seem necessary
to him or her to secure the detention of the aircraft, the persons carried
thereon, and its stores, equipment and cargo.
13 Cessation of
detention of aircraft
The detention of an
aircraft by an airport officer pursuant to this Order shall cease as soon as
the aircraft has been inspected by the medical officer or, if such inspection
has not commenced within 3 hours after the aircraft 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 an aircraft in accordance with Article 14.
14 Inspection by medical
officer
(1) The
medical officer shall inspect any aircraft and the persons carried thereon as
soon as possible and in any case within 3 hours after it has been detained
under this Order.
(2) If
the aircraft is one to which the medical officer is required by this Order to
apply any further or additional measure, or if after such inspection he or she
considers it necessary to apply any further or additional measure under this Order,
he or she may continue the detention of the aircraft, if such continued
detention is necessary for the application of that further or additional
measure.
15 Release of aircraft
When the medical officer
releases an aircraft from detention he or she shall give notice in writing to
the Airport Director and to the commander of the aircraft, that, so far as
control under this Order is concerned, the aircraft is free to proceed at or
after a date and time stated in the notice.
16 Persons from infected areas
On the arrival of an
aircraft at an aerodrome, the medical officer may place under surveillance for
the appropriate period specified in Article 25(1) –
(a) any
person disembarking from the aircraft who has come from an infected area other
than an area infected with yellow fever or plague; and
(b) any
suspect disembarking from the aircraft who has come from an area infected with
yellow fever or plague.
17 Removal of infected persons from aircraft when required by the
commander
The medical officer
shall, if so required by the commander of an aircraft on arrival at an
aerodrome, cause any infected person to be removed from the aircraft.
18 Additional measures
Without prejudice to any
other provision in this Order, the additional measures set out in Schedule 2
shall be applicable on the arrival at an aerodrome of –
(a) any
infected aircraft or suspected aircraft;
(b) any
aircraft which has during its voyage been in an area infected with plague,
cholera or yellow fever;
(c) any
suspect for smallpox on an aircraft other than an infected aircraft;
(d) any
other aircraft, when the medical officer is satisfied that, notwithstanding
that measures equivalent to such additional measures have been applied to the
aircraft previously 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 reasonable
grounds for believing that such previous application was not substantially
effective.
19 Avoidance of delay
In applying any measures
pursuant to this Order, the medical officer shall have regard to the need for
freeing aircraft from control under this Order as quickly as possible.
20 Aircraft alighting elsewhere than at an aerodrome
(1) Where
an aircraft alights elsewhere than at an aerodrome –
(a) the
commander shall forthwith give notice to that effect to the medical officer or
an airport officer;
(b) save
for the purpose of Article 20(1)(a), no person carried by the aircraft
shall leave its vicinity unless authorized so to do by the medical officer, and
any person so authorized shall inform such officer of his or her name and his
or her intended destination and address, but this sub-paragraph shall not be
construed as dispensing with the necessity to secure any consent arising under
any other enactment;
(c) subject
as aforesaid, this Order shall apply, with any necessary modifications in
relation to the aircraft, the persons carried thereon, and its stores,
equipment and cargo, to the extent to which they are not required by the
medical officer or an airport officer to proceed or, as the case may be, to be
taken to an aerodrome, as if the aircraft had alighted at an aerodrome.
(2) If
any person who has informed an officer pursuant to this Article of his or her
intended destination and address arrives within 14 days thereafter at some
other address, he or she shall forthwith send particulars of that address to
the medical officer.
21 Saving for certain aircraft
In the case of an
aircraft which has commenced its voyage at a place within the excepted area and
has not during its voyage alighted at any place outside that area –
(a) the
commander shall not be bound to comply with the provisions of Article 7, 9(1)
or 20(1)(a), unless he or she has been notified by the medical officer
that compliance with those provisions is necessary because of danger to public
health;
(b) no
person carried by the aircraft shall be bound by the provisions of Article 20(1)(b)
or (c) unless he or she has been notified by the medical officer that those
provisions apply to him or her because of danger to public health;
(c) the
powers or duties conferred or imposed on the medical officer by Articles 3,
4(1), (2), (3) and (5), 5, 10(1), 14(2), 16, 17 and 18, shall
not be exercised or performed unless the medical officer is satisfied, or the
Minister has directed, that the exercise of the powers or the performance of
the duties conferred or imposed by those provisions is necessary because of
danger to public health;
(d) the
powers and duties conferred on the Airport Director by Articles 4(3) and (4)
and 12 of this Order shall not be exercised or performed unless the Minister
has directed or the medical officer is satisfied and has so informed the
airport officer that the exercise of the powers or the performance of the
duties conferred or imposed by those provisions is necessary because of danger
to public health.
PART 3
OUTGOING AIRCRAFT
22 Examination of persons proposing to embark
Where an aircraft is due
to depart from an aerodrome for a destination outside Jersey, the medical
officer –
(a) may
examine any person who proposes to embark thereon if he or she has reasonable
grounds for believing him or her to be suffering from a disease subject to the International
Health Regulations, and, if after examination the medical officer is of the
opinion that he or she shows symptoms of such a disease, shall prohibit his or
her 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 he or she
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 commander 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 Article 22(b) a person on an international voyage who on
arrival was placed under surveillance may be allowed 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.
23 Outbreak in Jersey of disease subject to the International Health
Regulations
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 the opinion of the
Minister 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 aircraft departing from an
aerodrome –
(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
apply the provisions of Article 22(c);
(b) the
medical officer may, and within 3 hours after receiving a request from the
commander so to do shall, medically examine any person who proposes to embark
on or is on board the aircraft;
(c) the
medical officer may require any part of the aircraft which in his or her
opinion may be infected to be cleansed and disinfected to his or her
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 aircraft 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 commander shall disclose to the authorized officer any relevant
circumstances;
(e) no
person shall take or cause to be taken on board the aircraft 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 plague, and if there
is reason to believe that there are rodents on the aircraft the medical officer
may, and if so required by the Minister shall, take steps to secure the
deratting of the aircraft.
PART 4
MISCELLANEOUS
24 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 an airport officer pursuant
to this Order, and shall furnish all such information as that officer may
reasonably require, including information as to his or her name and intended
destination and address to which he or she is going on leaving an aerodrome,
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.
25 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) When
a person has been so placed under surveillance for plague, cholera or smallpox
pursuant to Article 16 by reason of his or her having come from an
infected area, the period shall be reckoned from the date of his or her leaving
the infected area.
(3) When
a person has been so placed under surveillance pursuant to the additional
measures, the period shall be reckoned in the manner therein specified.
26 Duty of persons under surveillance
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 arrival during the period of surveillance at any address other than the
one stated as his or her intended address on leaving the aerodrome at which he
or she arrived, send particulars of that address to the medical officer;
(d) if
so instructed by the medical officer, report immediately to him or her and
thereafter during the period of surveillance at such intervals as he or she may
require:
Provided that an
instruction shall not be given under this sub-paragraph except with the
authority of the Minister.
27 Charges for services
(1) Where
the commander of an aircraft 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 at the request of the commander, cause any such
requirement to be complied with at his or her cost instead of enforcing the
requirement against the commander.
(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 commander before the
work is undertaken.[4]
(3) Where
under this Article the Minister causes any requirement to be complied with at
the cost of the commander he or she may require the amount of the charge for
the work or a part thereof to be paid or deposited before the work is
undertaken.
(4) Where
pursuant to this Order any measures have been taken with regard to an aircraft
the Minister or the medical officer shall, on request by the commander, furnish
him or her 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 his or her possession, the medical officer shall, on the
request of such a person, furnish him or her free of charge with particulars in
writing of those measures, including the date on which they were taken.
28 Recovery of charges
Every charge authorized
by Article 27 shall be recoverable as a civil debt due to the States, and
proceedings for the recovery thereof may be instituted by the Treasurer of the
States either in term or in vacation.
29 Saving for mails
Except to the extent
permitted by Part 2 of Schedule 2, 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.[5]
30 Saving for aircraft unwilling to comply with this Order
(1) The
commander of an aircraft on arrival, or already at an aerodrome, who is
unwilling to comply with, or submit to, any provisions 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 commander to remove the aircraft
immediately from the aerodrome.
(2) If
before leaving the aerodrome the commander wishes to discharge cargo or
disembark passengers or to take on board fuel, water or stores, the medical
officer shall permit him or her to do so but may impose such conditions
pursuant to this Order as the medical officer considers necessary.
31 Citation
This Order may be cited
as the Public Health (Aircraft) (Jersey) Order 1971.