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S.L. 465.10 · sl/465.10 (S.L. 465.10)

S.L. 465.10 Art. 38Charges for services.

PART V - MISCELLANEOUS

In KraftAmtlicher Text

(1) The local authority may charge the owner or master of a ship for a service described in sub-regulation (2) in so far as the service is for preventing -

(a) danger to public health from a ship arriving in any port, or

(b) the spread of infection from a ship leaving any port.

(2) The services mentioned in sub-regulation (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 measure that the master of a ship is required by these regulations to carry out.

(3) A charge for a service under sub-regulation (1) -

(a) shall not exceed the actual cost of the service rendered;

(b) shall be -

(i) published at least ten days in advance of being levied;

(ii) described sufficiently in such manner that the owner or master of the ship is reasonably informed of the likely amount of the charge; and

(c) shall not be discriminatory, in particular that -

(i) it shall 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) it shall not distinguish between national and or deposited with it before the service is performed.

(5) At the master’s request, a local authority shall provide the master of a ship with particulars in writing and free of charge in relation to -

(a) the measures for which a charge under sub-regulation

(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 and for which a charge under sub-regulation (1) is made.

(7) Particulars under sub-regulation (6) shall include the date on which the measures were taken.