Regulation 35 Charges for servicesI1

Northern Ireland

(1)

A Board may charge the owner or master of a ship for a service described in paragraph (2) in so far as the service is for preventing—

(a)

danger to the public health from a ship arriving in its area, or

(b)

the spread of infection from a ship leaving its area.

(2)

The services mentioned in paragraph (1) are—

(a)

the inspection of the ship, or the application of measures required to be applied to the ship, in connection with the issue of a ship sanitation certificate in respect of the ship;

(b)

the extension of the period of validity of a ship sanitation certificate; or

(c)

the application, at the master’s request, of any other measures that the master of a ship is required by these Regulations to carry out.

(3)

A charge for a service under paragraph (1)—

(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 the owner or master of the ship 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 ship or containers, cargo, baggage, goods or postal parcels concerned; and

(ii)

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

(4)

A Board may require the whole or part of the amount of a charge for a service under paragraph (1) to be paid or deposited with it before the service is performed.

(5)

At the master’s request, a Board must provide the master of a ship with particulars in writing free of charge of—

(a)

measures taken for which a charge under paragraph (1) 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 (1) is made.

(7)

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

Annotations

Commencement

I1: Reg. 35 in operation at 21.8.2008, see reg. 1