The Port Security Regulations 2009
2009 No. 2048
Merchant ShippingMaritime Security
The Port Security Regulations 2009
Made 21th July 2009
Laid before Parliament 24th July 2009
Coming into force 1st September 2009
The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721.
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to port security, measures relating to the safety of ships and the health and safety of persons on them, and maritime transport2.
It appears to the Secretary of State that it is necessary or expedient for certain references to provisions of the International Ship and Port Facility Security Code3, in so far as those provisions are integrated in Community maritime legislation in accordance with Article 2 and Article 10 of Regulation (EC) No. 725/2004of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security4, to be construed as references to those provisions as amended from time to time.
PART 1
Preliminary
Citation and commencement
1. These Regulations may be cited as the Port Security Regulations 2009 and come into force on 1st September 2009.
Interpretation
2. In these Regulations—
“1972 Act” means the European Communities Act 1972;
“AMSA” means the Aviation and Maritime Security Act 19905;
“AMSA facility” means a harbour area or a harbour operation that is subject to a direction of the Secretary of State under Part III of AMSA which is in force, and for this purpose “harbour area” has the meaning given in section 18 of AMSA and “harbour operation” has the meaning given in section 46 of AMSA;
“controlled building” means a building or part of a building in a port that has been—
(a) described as a controlled building in a port facility security plan that has been integrated into a port security plan, or
(b) designated as a controlled building;
“designated” means designated by the Secretary of State in an Order under section 2(2) of the 1972 Act;
“directed party” means a person who has been served with a direction of the Secretary of State under Part III of AMSA, in relation to an AMSA facility, while that direction remains in force;
“EC Regulation” means Regulation (EC) No. 725/2004of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security;
“ISPS Code” means the International Ship and Port Facility Security Code as amended from time to time, in so far as those amendments are integrated in Community maritime legislation in accordance with Article 2 and Article 10 of the EC Regulation and are published in the Official Journal of the European Union;
“owner of the port facility security plan” means the person who submits the port facility security plan (or the person on whose behalf that plan is submitted) to the Secretary of State for approval in accordance with section 16.2 of Part A of the ISPS Code;
“port” has the meaning given in regulation 3(2);
“port facility” means a location where the ship/port interface takes place, and this includes areas such as anchorages, waiting berths and approaches from seaward, as appropriate and for this purpose “ship/port interface” means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons or goods or the provision of port services to or from the ship;
“port facility security officer” means a person identified as responsible for the development, implementation, revision and maintenance of a port facility security plan and for liaison with the ship security officers and company security officers in accordance with section 17.1 of Part A of the ISPS Code;
“port facility security plan” means a plan developed under the EC Regulation in accordance with the provisions of section 16 of Part A of the ISPS Code, and “approved port facility security plan” means a plan that has been approved by the Secretary of State in accordance with the requirements of section 16.2 of Part A of the ISPS Code;
“port related area” means an area of land or property that is affecting or is likely to affect the security of a port and has been designated as a port related area in relation to that port;
“port related area security plan” means a plan developed in accordance with Schedule 1;
“port security assessment” means an assessment carried out by the Port Security Authority under regulation 14;
“Port Security Authority” means a body that has been designated as a Port Security Authority for a port;
“port security officer” means a person appointed under regulation 12;
“port security plan” means a plan prepared and maintained by a Port Security Authority under regulation 15;
“prohibited article” means—
(a) any firearm, or any article having the appearance of being a firearm, whether capable of being discharged or not,
(b) any explosive, any article manufactured or adapted so as to have the appearance of being an explosive, whether it is capable of producing a practical effect by explosion or not, and any article marked or labelled so as to indicate that it is or contains an explosive, or
(c) any article (not falling within paragraph (a) or (b)) which is capable of use for causing injury to or incapacitating a person or for destroying or damaging property, or intended by the person having it with them for such use, whether by that person or by any other person;
“recognised security organisation” means an organisation that has been appointed by the Secretary of State for the purposes of these Regulations under regulation 23;
“restricted area” means an area that has been—
(a) described, in accordance with section 16.3.2 of Part A of the ISPS Code, as a restricted area in a port facility security plan that has been integrated into a port security plan, or
(b) designated as a restricted area;
“security manager” means a person appointed under Schedule 1;
“transport security inspector” means a person authorised in writing by the Secretary of State to act as an authorised person for the purposes of—
(a) part III of AMSA,
(b) part III of the Channel Tunnel (Security) Order 19946,
(c) part II of the Aviation Security Act 19827, or
(d) part III of the Railways Act 19938;
“UK control authorities” means—
(a) the Department for Transport, including the Maritime and Coastguard Agency,
(b) Her Majesty’s Revenue and Customs,
(c) the UK Border Agency, an executive agency of the Home Office,
(d) the Serious Organised Crime Agency9,
(e) the Department for Environment Food and Rural Affairs, and
(f) any police service that has an interest in the port concerned.
Application of the Regulations
3.—(1) These Regulations apply to ports in the United Kingdom.
(2) For the purposes of these Regulations “port” means an area of land and water—
(a)
(a) within boundaries that have been identified by the Secretary of State in an Order made under section 2(2) of the 1972 Act, and
(b)
(b) that contains at least one port facility that is covered by an approved port facility security plan,
and every reference to a port includes a reference to any port related area that has been designated in relation to that port.
(3) These Regulations do not apply to installations used by Her Majesty’s armed forces or members of a visiting force, in ports.
(4) In this regulation—
(a)
(a) “armed forces” includes the navy and air force;
(b)
(b) “visiting force” means any body, contingent or detachment of the forces of a country for the time being present in the United Kingdom on the invitation of Her Majesty’s Government in the United Kingdom.
(5) Where a port contains only one port facility that is covered by an approved port facility security plan, and no port related area has been designated in relation to that port, and the boundaries of that port facility are effectively the same as those of that port, the relevant provisions of the EC Regulation take precedence over these Regulations.
Port related areas
4. Schedule 1, which makes provision for port related areas, has effect.
PART 2
Port Security Authorities
Port Security Authorities
5.—(1) A body may be designated as the Port Security Authority for more than one port.
(2) Schedule 2, which makes provision about Port Security Authorities, has effect.
Duty to apply for or nominate membership of a Port Security Authority
6. An application for membership of the Port Security Authority for a port must be made to the Secretary of State by—
(a) the port facility security officer of each port facility within the port, or an individual nominated by that port facility security officer or by the owner of the port facility plan to represent the port facility on the Port Security Authority;
(b) an individual nominated by the directed party of each AMSA facility (if any) within the port to represent the AMSA facility on the Port Security Authority; and
(c) the security manager of each port related area (if any) designated in relation to the port, or an individual nominated by that security manager to represent the port related area on the Port Security Authority.
Port Security Authority: Objection to decisions
7.—(1) A person affected by a decision of a Port Security Authority (“the objector”) may require the Secretary of State to consider an objection to that decision by serving on the Secretary of State a notice in writing within 30 days of the date on which the decision was made.
(2) A notice under paragraph (1) must be copied to the Port Security Authority.
(3) A notice under paragraph (1), and the copy served on the Port Security Authority under paragraph (2), must...
To continue reading
Request your trial