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PUBLIC HEALTH ON AIRCRAFT REGULATIONS

39 Articles / Provisions · Malta
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Table of Provisions (39)

Preamble Reg. 1 Title. First Schedule Reg. 2 Interpretation. Second Schedule Reg. 3 Enforcement and execution of regulations. Reg. 4 Appointment and duties of authorised officers and provision of services by responsible authorities Reg. 5 List of infected areas. Reg. 6 Inspection of aircraft. Reg. 7 Examination, etc., of persons on aircraft. Reg. 8 Powers in respect of persons leaving aircraft. Reg. 9 Notice to customs officer by medical officer. Reg. 10 Supply of information, etc., by commander. Reg. 11 Notification of infectious disease, etc., on board. Reg. 12 Aircraft declaration of health. Reg. 13 Detention of aircraft. Reg. 14 Notice in writing. Reg. 15 Arrival of aircraft. Reg. 16 Ceasing of detention. Reg. 17 Inspection of aircraft within three hours. Reg. 18 Release of aircraft from detention. Reg. 19 Persons from infected areas. Reg. 20 Removal of infected persons from aircraft when required by the commander. Reg. 21 Removal to sanitary airport. Reg. 22 Additional measures. Reg. 23 Avoidance of delay. Reg. 24 Aircraft alighting elsewhere than at customs airport. Reg. 25 Saving for certain aircraft, etc. Reg. 26 Examination, etc., of persons proposing to embark. Reg. 27 Compliance with requirement made by Chief Government Medical Officer. Reg. 28 Compliance with directions, etc., under the regulations. Reg. 29 Surveillance. Reg. 30 Person under surveillance. Reg. 31 Measures for prohibiting spread of infection. Reg. 32 Recovery of charges. Reg. 33 Expenses of health authorities. Reg. 34 Saving for mails. Reg. 35 Saving for aircraft unwilling to comply with regulations. Reg. 36 General.

Statutory Text (39 Articles)

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

SUBSIDIARY LEGISLATION 36.16

PUBLIC HEALTH ON AIRCRAFT REGULATIONS

1st April, 1953

GOVERNMENT NOTICE 127 of 1953, as amended by Ordinance XVI of

1960, Act XIII of 1983 and Legal Notice 407 of 2007.

PART I

INTRODUCTORY

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

The title of these Regulations is Public Health on Aircraft

Regulations.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

Information required to be included in the Aircraft Declaration

of Health.

(a) Details of any illness suspected of being of an infectious

nature, which has occurred on board the aircraft during its voyage.

(b) Details of any other condition on board the aircraft during

its voyage, which may lead to the spread of disease.

(c) Details of every disinsecting or sanitary treatment (place,

date, time and method used) applied to the aircraft during its

voyage: if there has not been any such disinsecting or treatment,

details of the last disinsecting or treatment.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

(1) In these Regulations, unless the context otherwise

requires -

"additional measures" means such of the additional measures

specified in the Second Schedule to these Regulations with respect

to the quarantinable diseases as are appropriate;

"aerodrome" means any area of land or water designed,

equipped, set apart or commonly used for affording facilities for

the arrival and departure of aircraft;

"aircraft declaration of health" means a declaration containing

the information specified in the First Schedule to these

Regulations, being a part of the Aircraft General Declaration

delivered pursuant to Annex 9 to the Chicago Convention on Civil

Aviation, 1944;

"authorised officer" means the medical officer or any other

officer authorised by the responsible authority under regulation 3 to

enforce and execute any of these Regulations;

"commander" means the person for the time being in command

of an aircraft;

"customs airport" means an aerodrome for the time being so

designated by the Prime Minister;

"customs officer" means any person acting under the authority of

the Comptroller of Customs;

"excepted area" means the United Kingdom, the Channel Islands,

the Isle of Man, the Irish Republic, Italy, France in Europe,

Belgium, Holland and Luxembourg;

"immigration officer" means any person appointed by the

Commissioner of Police to act as an immigration officer;

"infected aircraft" means

(a) an aircraft which has on board on arrival a case of

human plague, cholera, yellow fever or smallpox; or

(b) an aircraft on which a plague-infected rodent is found

during a flight to Malta; or

(c) an aircraft which has had a case of smallpox on board

during its voyage and which has not before arrival

been subject in respect of such case to appropriate

measures equivalent to those provided for in these

Regulations;

"infected area" means an aerodrome or other area included in the

list kept by the medical officer pursuant to regulation 5, and

references to an area infected with a specified disease shall be

construed accordingly;

"infected person" means a person who is suffering from a

quarantinable disease, or who is considered by the medical officer

to be infected with such a disease;

"infectious disease" means a quarantinable disease or any other

infectious or contagious disease other than veneral disease or

tuberculosis;

"International Sanitary Regulations" means the International

Sanitary Regulations (W.H.O. Regulations No. 2) adopted by the

Fourth World Health Assembly on the 25 May, 1951;

"medical officer" means the port medical officer;

"quarantinable disease" means plague, cholera, yellow fever,

small pox, typhus or relapsing fever;

"relapsing fever" means louse-borne relapsing fever;

"responsible authority", in relation to an aerodrome or other

place, means the authority charged under regulation 3 with the duty

of enforcing and executing these Regulations;

"sanitary airport" means a customs airport which has been

designated as such by the Prime Minister;

"suspect" means a person (not being an infected person) who is

considered by the medical officer to have been exposed to infection

by a quarantinable disease and to be capable of spreading the

disease;

"suspected aircraft" means an aircraft from which a case of

cholera occurring on board during the voyage has been

disembarked before the arrival of the aircraft, and which has not

before arrival been subject in respect of such case to appropriate

measures equivalent to those provided for in these Regulations;

"typhus fever" means louse-borne typhus.

"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) Any reference, however expressed, to a person leaving an

aircraft shall be construed as a reference to that person leaving the

aircraft and not continuing his journey in that aircraft.

(3) An aircraft shall not be deemed to have been in an infected

area if, having voyaged over infected territory, it has alighted in

that territory only at a sanitary airport which is not itself an

infected area.

PART II

GENERAL

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

Additional Measures with respect to the Quarantinable

Diseases

PART I - PLAGUE

A.

Infected aircraft

(1)

The medical officer may -

(a) require any suspect on board to be disinsected

and place him under surveillance or under

observation at such place as the Chief

Government Medical Officer shall determine,

the period of surveillance being reckoned from

the date of arrival of the aircraft;

(b) require the disinsecting and, if necessary,

disinfection of the baggage of any infected

person or suspect, and of any other article on

board and any part of the aircraft which the

medical officer considers to be contaminated.

(2) If the aircraft is infected because a plague infected

rodent is found on board, the medical officer shall require the

aircraft to be deratted in a manner to be determined by him.

B.

Aircraft which have been in infected areas

(3) The medical officer may place under surveillance or

observation, as aforesaid, any suspect who disembarks, the period

of surveillance or observation being reckoned from the date of the

departure of the aircraft from the infected area.

PART II - CHOLERA

A.

Infected aircraft and suspected aircraft

(1)

The medical officer may -

(a) place under surveillance or observation as

aforesaid any person who disembarks, the period

of surveillance or observation being reckoned

from the date of arrival of the aircraft;

(b) require the disinfection of the baggage of any

infected person or suspect, and of any other

article on board and any part of the aircraft

which the medical officer considers to be

contaminated;

(c) require the disinfection and removal of any

water on board which he considers to be

contaminated, and the disinfection of the

containers which have held such water.

(2) The medical officer shall prohibit the discharge or

unloading from the aircraft of human dejecta and any other waste

matter or water, which may be contaminated and has not been

disinfected.

B.

Aircraft which have been in infected areas

(3) The medical officer may place under surveillance or

observation as aforesaid any person who disembarks, the period of

surveillance or observation being reckoned from the date of the

departure of the aircraft from the infected area.

C.

Infected aircraft, suspected aircraft, and aircraft which

have been in infected areas.

(4) In addition to any measure permitted or required by

the preceding provisions in this Part, the medical officer may

prohibit the unloading of, or may remove from the aircraft, any

fish, shellfish, fruit or vegetables to be eaten uncoooked, or

beverages, not forming part of cargo in a freight compartment of

the aircraft, which he considers to be contaminated, and, if any

such food or beverage is so removed, he shall arrange for its safe

disposal in consultation with the customs officer.

(5) If any of the said food or beverage forms part of

cargo in a freight compartment of the aircraft and is so

contaminated, the medical officer for the aerodrome at which such

cargo is due to be discharged shall arrange for its safe disposal in

consultation with the customs officer.

PART III - YELLOW FEVER

Infected aircraft and aircraft which have been in infected areas

The medical officer may require the aircraft to be disinsected for

the destruction of vectors of yellow fever which may be on board

and may require any passenger on such aircraft to be placed under

surveillance or observation as aforesaid for such period as he shall

determine.

PART IV - SMALLPOX

A.

Infected aircraft

(1) The medical officer shall offer vaccination to any

person on board who, he considers, is not sufficiently protected

against smallpox.

(2)

The medical officer may either -

(a) place under surveillance any person who

disembarks, the period of surveillance being

reckoned from the date on which the medical

officer considers the person was last exposed to

infection; or

(b) if he considers any such person not to be

sufficiently protected against smallpox, isolate

him for a similar period.

(3) The medical officer shall require the disinfection of

the baggage of any infected person, and of any other article on

board and any part of the aircraft which the medical officer

considers to be contaminated.

B.

Suspects on other aircraft

(4) The medical officer may also apply the provisions of

paragraphs (1) and (2) of this Part to any suspect who disembarks

from an aircraft which is not an infected aircraft.

PART V - TYPHUS AND RELAPSING FEVER

A.

Aircraft with infected persons on board

(1)

The medical officer may require -

(a) any suspect on board to be disinsected;

(b) the disinsecting and, if necessary, disinfection of

the accommodation occupied by any infected

person or suspect, his clothes and baggage, and

any other article which the medical officer

considers may spread typhus or relapsing fever.

B.

Persons coming from infected areas

(2) The medical officer may require the disinsecting of

any person who has left an infected area not more than fourteen

days before arrival in the case of typhus or eight days before arrival

in the case of relapsing fever.

(3) If any person so disinsected is placed under

surveillance, the period of surveillance or observation shall be

reckoned from the date of disinsecting.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

(1) It shall be the duty of the Chief Government Medical

Officer to enforce and execute these Regulations.

(2) The Chief Government Medical Officer may attach such

terms and conditions as he thinks fit to any direction given by him

under this regulation.

(3) The Chief Government Medical Officer shall exercise his

functions as a responsible authority through such officers as may be

designated for the purpose by him or by the Minister responsible

for Health.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

For the purposes of these Regulations, the Chief

Government Medical Officer may, and, if so required by the

Minister responsible for Health, shall -

(a) appoint such registered medical practitioners, in

addition to the port medical officer; as may be

necessary for the proper enforcement and execution of

these Regulations;

(b) give directions from time to time as to the duties which

are to be performed by any medical practitioner so

appointed or any other officer authorised to enforce

and execute these Regulations;

(c) at or in connection with a customs airport, provide or

arrange for the provision of -

(i)

premises or waiting rooms for the medical

inspection and examination of persons;

(ii) premises for the temporary isolation of persons

in accordance with these Regulations;

(d) at or in connection with a customs airport, arrange for

the reception into a hospital of persons requiring to be

removed thereto pursuant to these Regulations;

(e) arrange for the provision of means of transport for the

conveyance of persons to any such premises as are

referred to in paragraph (c) of this regulation, or to a

hospital;

(f)

at or in connection with a sanitary airport, provide or

arrange for the provision of -

(i)

apparatus or other means for cleansing,

disinfecting and disinsecting aircraft, persons

and clothing and other articles, and deratting

aircraft;

(ii) a laboratory for the examination of suspected

material, or equipment for taking and

despatching such material for examination in a

laboratory;

(g) do all such other things us in his opinion or the opinion

of the Minister responsible for Health as the case may

be, are necessary to enable the provisions of these

Regulations to be complied with.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

(1) The medical officer at a customs airport 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

quarantinable disease or which may serve other places or areas so

infected or believed to be so infected, including areas which have

been delineated as yellow fever endemic zones by the World Health

Organisation pursuant to the International Sanitary Regulations.

(2) The medical officer shall supply copies of every such list

and any amendment thereof to the customs officer at the airport and

to the person in charge of the airport.

(3) In preparing and amending the said list, the medical officer

shall take into account all information sent to him from time to time

by the Minister responsible for Health.

PART III

INCOMING AIRCRAFT

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

(1) The medical officer may, for the purposes of these

Regulations, inspect any aircraft at a customs airport.

(2)

The medical officer shall -

(a) inspect on its arrival any aircraft in respect of which

the commander has sent a message under regulation

11;

(b) inspect any aircraft at the airport when he 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

intends to inspect under the foregoing provisions of this regulation

to be taken to some safe and convenient part of the airport for such

inspection if it cannot otherwise be carried out effectively.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

(1) The medical officer may, and if so requested by the

commander or required by the Chief Government Medical Officer

shall, examine any person on board or leaving an aircraft at a

customs airport, 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) at a sanitary airport, require any person so examined to

be disinsected, and his clothing and other articles

belonging to him to be disinfected and, where

necessary, disinsected;

(c) except as provided in regulation 20, prohibit any

person so examined from leaving the aircraft or

airport, or permit him to leave it on such conditions

and subject to the taking of such measures, pursuant to

these Regulations, as the medical officer considers

reasonably necessary for preventing the spread of

infection;

(d) require the commander to take or assist in taking such

steps as, in the opinion of the medical officer, are

reasonab1y necessary for preventing the spread of

infection, for the destruction of insects or 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.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

(1) The passengers and crew of an aircraft shall not move

beyond the limits prescribed by the aerodrome authority before

they obtain free pratique.

(2) Where a person intending to leave an aircraft at a customs

airport is suffering, or the medical officer suspects that he 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 removed

to a hospital or to some other suitable place approved

for that purpose by the responsible authority, as may

be appropriate; or, except as provided in regulation 20,

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.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

The medical officer at a customs airport shall inform a

customs officer or a police officer of any measure applied by him

or at his direction, pursuant to these Regulations, to an aircraft, any

person thereon, or its stores, equipment or cargo.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

The commander of an aircraft at a customs airport shall -

(a) answer all questions as to the health conditions on

board, which may be put to him by an authorised

officer or a customs officer visiting the aircraft, and

furnish any such officer with all such information and

assistance as he may reasonably require for the

purposes of these Regulations;

(b) in addition to any message sent pursuant to regulation

11, 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 lead to infection or the

spread of infectious disease, including in his

notification particulars as to the presence of dead

rodents or mortality or sickness among rodents on the

aircraft;

(c) comply with these Regulations, and with any

directions or requirements of an authorised officer

given or made for the purpose of these Regulations.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

(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 circum-

s t a n c e s r e q u i r i n g t h e a t t e n t i o n o f t h e m e d i c a l o ff i c e r, t h e

commander shall, immediately he is aware of the presence of such

disease, symptom, or other circumstances, send a radio message to

that effect to the medical officer at the first customs airport at

which the aircraft is due to arrive, or to the person in charge of such

airport.

(2) If such radio message is sent to the medical officer, he shall

immediately notify the customs officer of its contents.

(3) If such radio message is sent to the person in charge of the

customs airport, he shall immediately notify the medical officer

and the customs officer of its contents.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

(1) On the arrival of an aircraft at a customs airport, the

commander shall complete an aircraft declaration of health and

deliver it to the customs officer or medical officer, whoever first

boards the aircraft.

(2) If the customs officer detains the aircraft pursuant to these

Regulations and he requires a copy of the declaration, the medical

officer shall furnish him with such copy.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

(1) When on the arrival of an aircraft at a customs airport

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 quarantinable

disease in respect of which the aircraft has not outside Malta been

subjected to appropriate measures equivalent to those provided for

in these Regulations, he may cause the aircraft to be detained for

medical inspection.

(2) If the medical officer has caused an aircraft to be so

detained, he shall inform the person in charge of the customs

airport of such detention and send a notice in writing of such

detention to the customs officer.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

If a customs officer receives in respect of an aircraft a

notice in writing from the medical officer under regulation 13, he

shall, if he visits the aircraft before the medical officer, deliver the

notice to the commander and take all reasonable steps to secure

compliance therewith.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

Where on the arrival of an aircraft at a customs airport it

appears to the customs officer, from information in the aircraft

declaration of health delivered pursuant to regulation 12, or from

information otherwise obtained, 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; or

(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 shall, unless the medical officer otherwise directs, give such

directions as to him seem necessary to secure the detention of the

aircraft, the persons carried thereon, and its stores, equipment and

cargo.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

The detention of an aircraft by a customs officer under

these Regulations shall cease as soon as the aircraft has been

inspected by the medical officer or, if such inspection has not

commenced within three hours after the aircraft has bean so

detained, on the expiration of that period

Provided that nothing in this regulation shall affect the

power of the medical officer to continue the detention of an aircraft

in accordance with regulation 17.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

(1) The medical officer shall inspect any aircraft and the

persons carried thereon as soon as possible and in any case within

three hours after it has been detained under these Regulations.

(2) If the aircraft is one to which the medical officer is required

by these Regulations to apply any further measure, or if after such

inspection he considers it necessary to apply any further measure

permitted by these Regulations, he may continue the detention of

the aircraft, if such continued detention is necessary for the

application of such further measure.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

When the medical officer releases an aircraft from

detention he shall give notice in writing to the customs officer, to

the commander of the aircraft, and to the person in charge of the

customs airport that, so far as control under these Regulations is

concerned, the aircraft is free to proceed at or after a date and time

stated in the notice.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

On the arrival of an aircraft at a customs airport, the

m e d i c a l o ff i c e r m a y p l a c e u n d e r s u r v e i l l a n c e a n y p e r s o n ,

disembarking therefrom, who has come from an infected area

within the appropriate period specified in paragraphs (a), (b), (d),

(e) and (f) of sub-regulation (1) of regulation 29.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

The medical officer shall, if so required by the commander

of an aircraft on arrival at a customs airport, cause any infected

person to be removed from the aircraft.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

If the medical officer considers that there should be applied

to an aircraft which alights elsewhere than at a sanitary airport, or

to any person carried thereon, measures pursuant to these

Regulations which can be applied only at a sanitary airport, he may

direct that the aircraft or any such person shall proceed to a sanitary

airport, and he shall give the commander notice in writing of the

direction and of the reasons for the direction.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

Without prejudice to any other provision in these

Regulations, the additional measures shall be applicable on the

arrival at a customs airport of -

(a) any infected aircraft or suspected aircraft;

(b) any aircraft on which there is a case of typhus or

relapsing fever;

(c) any aircraft which has during its voyage been in an

area infected with plague, cholera or yellow fever;

(d) any suspect for smallpox on an aircraft other than an

infected aircraft;

(e) any person on any aircraft who has come from an area

infected with typhus or relapsing fever;

(f)

any other aircraft or person, when the medical officer

is satisfied that, notwithstanding that measures

equivalent to the additional measures have been

applied to the aircraft or person 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 evidence that such

previous application was not substantially effective.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

In applying any measures pursuant to these Regulations,

the medical officer shall have regard to the need for freeing aircraft

from control under these Regulations as quickly as possible.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

(1) Where an aircraft alights elsewhere than at a customs

airport -

(a) the commander shall forthwith give notice to that

effect to the responsible authority or a customs officer

or an immigration officer or a police officer and, if the

aircraft has alighted at an aerodrome, to the person in

charge thereof;

(b) save for the purpose of paragraph (a), no person

carried by the aircraft shall leave its vicinity unless

authorised so to do by the medical officer, and any

person so authorised shall inform such officer of his

name and the address of his intended destination, but

this paragraph shall not be construed as dispensing

with the necessity to secure any consent arising under

any other enactment, including any instrument having

statutory effect;

(c) subject as aforesaid, these Regulations 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 a police officer or customs officer to

proceed or, as the case may be, to be taken to a

customs airport, as if the aircraft had alighted at a

customs airport and for the purposes of such

application the list of infected areas kept pursuant to

regulation 5 shall be any list so kept by the medical

officer or the responsible authority or, if there is no

such list, any list so kept by the medical officer for the

customs airport nearest to the place where the aircraft

has alighted.

(2) If any person who has informed an officer pursuant to this

regulation of the address of his intended destination arrives within

fourteen days thereafter at some other address, he shall forthwith

send particulars of that address to the medical officer of health of

the responsible authority for the place at which he left the aircraft.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

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 regulation 10, regulation 12(1) or

regulation 24(1)(a) unless he has been notified by the

medical officer that compliance with those provisions

is necessary on account of danger to public health;

(b) no person carried by the aircraft shall be bound by

regulation 24(1)(b) or (c) unless he has been notified

by the medical officer that the said provisions apply to

him on account of danger to public health;

(c) the powers and duties conferred or imposed on the

medical officer by regulation 6, regulation 7(1) and

(2), regulation 8, regulation 13(1), regulation 17(2),

and regulations 19, 20, 21 and 22 shall not be

exercised or performed unless the medical officer is

satisfied or the Minister responsible for Health has

directed, that the exercise of the powers or the

performance of the duties conferred or imposed by

those provisions is necessary on account of danger to

public health;

(d) the duties imposed on a customs officer by regulation

15 shall not be performed unless the medical officer

has notified the customs officer that performance of

those duties is necessary on account of danger to

public health.

PART IV

OUTGOING AIRCRAFT

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

Where an aircraft is due to depart from an aerodrome for a

destination outside Malta, the medical officer -

(a) may examine any person who proposes to embark

thereon if he has reasonable grounds for believing him

to be suffering from a quarantinable disease, and if

after examination the medical officer is of opinion that

he shows symptoms of such a disease, shall prohibit

his embarkation;

(b) shall prohibit any suspect from embarking thereon

Provided that, in the case of smallpox, a person

shall not be prohibited from embarkation if he satisfies

the medical officer that he is sufficiently protected by

vaccination or by a previous attack of smallpox;

(c) shall notify the commander of any person embarking

or proposing to continue his voyage thereon who, in

the opinion of the medical officer, should be placed

under surveillance.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

Where the Minister responsible for Health has, by notice

published in the Government Gazette, declared any place to be

infected with a quarantinable disease, or with any other disease

which in his opinion constitutes a menace to other countries by

reason of its spread or potential spread, then, until the notice is

revoked by a subsequent notice published in the Government

Gazette, every medical officer shall comply with any requirement

which may be made by the Chief Government Medical Officer 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 regulation shall operate in relation to

any aircraft departing from any aerodrome specified by the Chief

Government Medical Officer for a destination outside Malta

(a) the medical officer may, and within three 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;

(b) the medical officer may require any part of the aircraft

which in his opinion may be infected to be cleansed

and disinfected to his satisfaction;

(c) an authorised 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 authorised

officer any relevant circumstances;

(d) no person shall take or cause to be taken on board the

aircraft any article which, in the opinion of an

authorised officer, is capable of carrying infection,

unless that officer is satisfied that it has been

efficiently disinfected and, where necessary,

disinsected;

(e) if the aerodrome is situated in an area which is

included in such notice in the Government Gazette as

aforesaid and is therein declared to be infected with

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 Chief Government Medical Officer

shall, take steps to secure the deratting of the aircraft.

PART V

MISCELLANEOUS

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

Every person to whom these Regulations apply shall

comply with every direction, requirement or condition given, made

or imposed by an authorised officer or customs officer pursuant to

these Regulations, and shall furnish all such information as any

such officer may reasonably require (including information as to

his name, destination, and address to which he 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 such child or other person.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

(1) Where these Regulations permit 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, six days;

(b) in respect of cholera, five days;

(c) in respect of yellow fever, six days;

(d) in respect of smallpox, fourteen days;

(e) in respect of typhus, fourteen days;

(f)

in respect of relapsing fever, eight days.

(2) When a person has been so placed under surveillance for

plague, cholera or smallpox pursuant to regulation 19 by reason of

his having come from an infected area, the period shall be reckoned

from the date of his 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.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

Every person who is placed under surveillance pursuant to

these Regulations shall -

(a) give facilities for any medical examination required by

the medical officer or by the medical officer of health

for any area in which he may be during the period of

surveillance;

(b) furnish all such information as the medical officer or

any such medical officer of health 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 intended destination on leaving the aerodrome at

which he arrived in Malta send particulars of that

address to the medical officer;

(d) if so instructed by the medical officer, report

immediately to the medical officer of health for any

area in which he may be during the period of

surveillance, and thereafter during that period report to

that officer at such intervals as he may require

Provided that an instruction shall not be given

under this paragraph unless the Chief Government

Medical Officer has by direction (whether general or

special) authorised the giving of instructions

thereunder.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

(1) Where the commander of an aircraft is required by or

pursuant to these Regulations to carry out any measures with a

view to reducing the danger or preventing the spread of infection,

the responsible authority may themselves at the request of the

commander, and, if they think fit, at his cost, cause any such

requirement to be complied with instead of enforcing the

requirement against the commander.

(2) The amount of the charge for any work so to be undertaken

by the responsible authority shall be such reasonable sum as

represents the actual or estimated cost to be incurred in undertaking

the work excluding any charge or claim in respect of profits so

however that it shall not exceed the sum of one hundred and sixteen

euros and forty-seven cents (116.47) unless notice of the proposed

charge has been given to the commander before the work is

undertaken.

(3) Where under this regulation the responsible authority cause

any requirement to be complied with at the cost of the commander,

they may, if they think fit, require the amount of the charge for the

work or a part thereof to be paid to or deposited with them before

the work is undertaken.

(4) Where pursuant to these Regulations, any measures have

been taken with regard to an aircraft, the responsible authority or

the medical officer shall, on request by the commander, furnish him

free of charge with particulars in writing of those measures and the

reasons why they were taken.

(5) Where, pursuant to these Regulations, any measures have

been taken with regard to any person or to any articles in his

possession, the medical officer shall, on request by such person,

furnish him free of charge with particulars in writing of those

measures, including the date on which they were taken.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

Every charge authorised by regulation 31 shall be

recoverable summarily as a civil debt in any court of competent

jurisdiction.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

Subject to the provisions of regulation 31 any expenses

incurred by a responsible authority in the enforcement and

execution of these Regulations shall be defrayed in the same

manner as the expenses incurred by them in the execution and

discharge of their existing powers and duties.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

Except to the extent permitted by Part II-C of the Second

Schedule to these Regulations with respect to fish, shellfish, fruit,

vegetables and beverages, nothing in these Regulations shall render

liable to detention, disinfection or destruction any article forming

part of any mail conveyed under the authority of the Postmaster

General, 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.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

(1) The commander of an aircraft on arrival or already at

an aerodrome, who is unwilling to comply with or submit to any

provision of or requirement made under these Regulations which

may be applicable, shall so notify the medical officer. 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 to do so but

may impose such conditions pursuant to these Regulations as the

medical officer considers necessary.

(3) When the medical officer has so required the removal of an

aircraft from the aerodrome, it shall not during its voyage alight at

any other place in Malta.

Laws of Malta — Subsidiary Legislation 36.16 — PUBLIC HEALTH ON AIRCRAFT REGULATIONS

Nothing in these Regulations shall be deemed to permit

any person other than a duly authorised person attached to an

aerodrome to enter or come in contact with any person from an

aircraft., before the port medical officer or his representative has

declared such aircraft and passengers and crew of the same to be in

free pratique

Provided that it shall not be an offence for a person coming

in contact with any passenger or crew of an aircraft which on

account of an accident or otherwise has been forced to land at such

place which is not an authorised aerodrome, for the sole purpose of

rendering to such passenger or crew the necessary assistance.

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