Download Port Health Authorities

Update – July 2007 (SJ amendments)
Port Health Authorities
This section explores the inspection, monitoring and enforcement responsibilities of
port health authorities, the financial implications of these activities, and the impact of
current and future trends. The Institute is grateful to John Craigs of the Association
of Port Health Authorities, for updating the original work of Peter Rotheram, OBE BA
FRSH FCIEH.
Background and Development
During the early part of the nineteenth century, cholera swept through Europe
particularly through shipping routes, and many countries imposed quarantines on
arriving ships.
In 1849 the General Board of Health authorised the parochial authorities to enter
vessels for the purpose of enforcing cleansing, prevention of overcrowding and
transfer of any sick to a healthy atmosphere; ships were treated in the same way as
houses.
The Sanitary Act 1866 made ships subject to the jurisdiction of the Nuisance
Authority of the district in which they moored. The Nuisance Authority was required
to inspect ships and abate any nuisances they found, as for houses.
The Public Health Act 1872 empowered the Local Government Board to constitute a
Port Sanitary Authority with jurisdiction over the district of any port established by
the Commissioners of Customs. As the City of London had for centuries been the
conservancy authority for the Thames, the Corporation volunteered in 1872 to
become, ‘free of expense’, the sanitary authority for the whole port situated on the
Thames. This meant the City bore the cost of its port health functions from private
funds at its disposal, and there was no charge to central government or to the
ratepayers of the riparian districts. For nearly 50 years the port health service was
financed from the City’s cash. This was followed by a period when central
government met 50% of the cost, after which all port health costs were transferred
to the General Rate.
Legislation
The provisions of the Public Health Act 1872 were consolidated and re-enacted in
1875 and again in 1936 which changed the designation of port sanitary authorities to
port health authorities.
The statutory provisions relating to port health were subsequently incorporated into
the Public Health (Control of Disease) Act 1984. In Scotland port health functions are
exercised by port local authorities, designated under the Public Health (Scotland) Act
1897. In section 2 of the Public Health (Control of Disease) Act 1984, a port is
defined as having been established for the purposes of enactments relating to
customs and excise. Under this same section the Secretary of State may make an
order constituting as a port health district either the whole or part of any port, or a
combination of all or part of two or more ports. The order would establish as the port
Update – July 2007 (SJ amendments)
health authority for that district either one riparian local authority or a joint board of
representatives of two or more such authorities. Section 4 reserves to the port
health authority functions specified and provides that the local authority all or part of
whose area lies within a port health district may not discharge any of these duties
inside the boundaries of the port health district.
Section 263 of the Local Government Act 1972 provides that where a joint board was
constituted as the port health authority before April 1974, and the port health district
covers all or part of the areas of two or more new district councils, the joint board
must continue to exist. Otherwise the new district council whose area comprises or
abuts on the greater part of the port is the port health authority. The port health
function of the City of London was confirmed in the London Government Act 1963
and is not affected by the 1972 Act. Section 7 of the Public Health (Control of
Disease) Act 1984 confirmed the Common Council of the City of London as the
London port health authority.
The functions of a port health authority include, among other things, examination of
imported food, prevention of the spread of infectious disease, issuing ship sanitation
and ship sanitation control certificates, inspection of ships’ quarters, enforcement of
food hygiene regulations on vessels, monitoring the water supply to ships,
enforcement of clean air and noise control legislation, monitoring of refuse disposal,
inspection of house boats and canal boats, enforcement of smoke free legislation
within their areas and supervision of the processing of shellfish from polluted waters.
Port Health Authorities are category 1 responders under the Civil Contingencies Act.
Powers for applying health controls at airports are contained in the Public Health
(Aircraft) Regulations 1979 which, like the Public Health (Ships) Regulations 1979,
are concerned with preventing the spread of disease. Authorities whose duty it is to
enforce these regulations at airports are styled ‘responsible authorities’, and are the
district councils in whose areas they are situated. The district council in whose area
each airport is situated is responsible for other matters including the enforcement of
regulations concerning imported food. These regulations have recently been
amended in England and Wales to include the provisions of the 2005 International
Health Regulations. It is likely that Scotland will amend their legislation in the near
future.
Products of animal origin can only be imported through a port or airport designated
by the EU as a Border Inspection Post (BIP), where imported food is subject to
veterinary checks before consignments are released into free circulation.
The Association of Port Health Authorities provides advice and information to
members and officers of port health authorities as well as district councils with duties
relating to port health. This association co-ordinates policy and is a representative
body. See www.apha.org.uk for more information.
Finance
There are no specific government grants towards expenditure incurred by port health
authorities. Authorities may make charges for the issue of deratting certificates and
Update – July 2007 (SJ amendments)
the destruction of rats, mice and other pests (see the separate section on Pest
Control for more information). Those port health authorities and local authorities who
are responsible for imported food control at ports and airports that have been
designated by the European Commission as Border Inspection Posts charge the
importers for the cost of undertaking veterinary checks on products of animal origin
imported from third countries. Port health authorities also receive income for
granting authorisations for prescribed processes under Part 1 of the Environmental
Protection Act 1990. Apart from this, all expenses are met from rates and revenue
support grants.
In accordance with section 5(3) and (4) of the Public Health (Control of Disease) Act
1984, port health authorities which are joint boards issue precepts to recover their
net expenditure from the constituent district councils. Generally constituent district
councils have agreed to accept precepts apportioning expenses on the basis of the
number of representatives on the joint board, and this has been written into the
order constituting the port health authority. In the absence of any agreement,
however, section 5(2) of the Act prescribes that the basis must be the rateable value
of properties within the area of the port health district.
Capital expenditure is subject to control under the Local Government Act 2003 (see
the Capital title for more information). Section 5(1) of the Public Health (Control of
Disease) Act 1984 gives port health authorities the same powers of borrowing as
local authorities.
Present and Future Trends
Controls on intra-Community trade in foodstuffs ceased completely in 1992, resulting
in a radical change in staffing. Those ports that were extensively involved in checking
imported food from the EU have had to drastically reduce staff levels, while those
designated as Border Inspection Posts (BIPs) have had to employ official veterinary
surgeons and increase the number of environmental health officers to implement the
EC veterinary checks and regime. The BIPs are required to recoup the full cost of
services from importers, but charges should be on the basis of actual costs and the
income raised should only be used to defray the expense involved in providing the
service.
The EC has introduced Directives limiting the amount of contaminants permitted in
some foodstuffs, which requires enforcement authorities at ports and airports to
undertake extensive sampling. This is a financial burden on some authorities and the
Association of Port Health Authorities has argued that importers should pay the costs
of these checks as do the importers of animal products.
The introduction of the International Health Regulations was required the health
Protection Agency to work closely with Port Health and Local Authorities to ensure
effective infectious disease control.