Regulation 22 Substitution of regulation 32 of the principal Regulations

For regulation 32 of the principal Regulations (charges for services), substitute—

“Charges for services

32

(1)

The commander of an aircraft may request a responsible authority to cause to be applied measures he or she is required to apply under these Regulations.

(2)

A responsible authority may charge the commander of an aircraft for a service to apply measures described in paragraph (1) in so far as the service is for preventing—

(a)

danger to public health from an aircraft arriving or

(b)

the spread of infection from an aircraft leaving an airport where international flights arrive or depart.

(3)

A charge for a service under paragraph (2)—

(a)

must not exceed the actual cost of the service rendered;

(b)

must be—

(i)

published at least ten days in advance of being levied;

(ii)

described sufficiently that a commander of an aircraft is reasonably informed of the likely amount of the charge; and

(c)

must not be discriminatory, in particular—

(i)

must not be levied so as to make a distinction based on the nationality, registry or ownership of the aircraft or containers, cargo, baggage, goods or postal parcels concerned; and

(ii)

must not distinguish between national and foreign aircraft or containers, cargo, baggage, goods or postal parcels.

(4)

A responsible authority may require the whole or part of the amount of a charge for a service under paragraph (2) to be paid or deposited with them before the service is performed.

(5)

At the request of the commander, a responsible authority must provide the commander of the aircraft with particulars in writing free of charge of—

(a)

measures taken for which a charge under paragraph (2) is made, and

(b)

the reasons why the measures were taken.

(6)

At the request of a person in relation to whom measures have been taken, or of a person in possession of articles in relation to which measures have been taken, an authorised officer must provide particulars in writing free of charge of the measures taken for which a charge under paragraph (2) is made.

(7)

Particulars under paragraph (6) shall include the date on which the measures were taken.”.