The Port Security (Port of Sullom Voe) Designation Order 2013

JurisdictionUK Non-devolved
CitationSI 2013/2013

2013 No. 2013

Merchant ShippingMaritime Security

The Port Security (Port of Sullom Voe) Designation Order 2013

Made 12th August 2013

Laid before Parliament 16th August 2013

Coming into force 10th September 2013

The Secretary of State for Transport makes this Order 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.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Port Security (Port of Sullom Voe) Designation Order 2013 and comes into force on 10th September 2013.

S-2 Port boundary

Port boundary

2.—(1) For the purposes of regulation 3(2)(a) of the Port Security Regulations 20093, the boundary of the Port of Sullom Voe is shown by the seaward edge of the red line on the plan in Part 1 of Schedule 1 and—

(a)

(a) as to the part of the boundary included in the rectangle on the plan in Part 1 of Schedule 1, is more particularly shown by the seaward edges of the red lines on the inset plan in Part 2 of Schedule 1;

(b)

(b) as to the parts of the boundary marked “Inset A”, “Inset B” and “Inset C” on the plan in Part 1 of Schedule 1, is more particularly shown by the seaward edge of the red line on each of the corresponding inset plans, in Part 3 of Schedule 1, headed respectively “Inset Plan A”, “Inset Plan B” and “Inset Plan C”; and

(c)

(c) as to the seaward limits of the boundary, is more particularly described in Part 4 of Schedule 1.

(2) Where the red line runs along a beach or foreshore, the boundary runs along the edge of the land on that beach or foreshore which is below the level of mean high water springs.

S-3 The Sullom Voe Port Security Authority

The Sullom Voe Port Security Authority

3.—(1) For the purposes of the Port Security Regulations 2009, the Sullom Voe Port Security Authority is designated as the port security authority for the port of Sullom Voe.

(2) Schedule 2 has effect with respect to the Sullom Voe Port Security Authority.

S-4 Review

Review

4.—(1) The Secretary of State must from time to time—

(a)

(a) carry out a review of this Order,

(b)

(b) set out the conclusions of the review in a report, and

(c)

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Directive 2005/65/ECof the European Parliament and of the Council of 26th October 2005 (which is implemented by means of the Port Security Regulations 20094) is implemented in other member States.

(3) The report must in particular—

(a)

(a) set out the objectives intended to be achieved by the regulatory system established by those Regulations and this Order,

(b)

(b) assess the extent to which those objectives are achieved, and

(c)

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this article must be published before 10th September 2018.

(5) Reports under this article are afterwards to be published at intervals not exceeding five years.

Simon Burns

Minister of State

Department for Transport

12th August 2013

SCHEDULE 1

Article 2

SCHEDULE 1

1 Boundary of the Port of Sullom Voe

PART 1Article 2(1)

Boundary of the Port of Sullom Voe

2 Inset plan

PART 2Article 2(1)(a)

Inset plan

3 Inset Plan A

PART 3Article 2(1)(b)

Inset Plan A

Inset Plan B

Inset Plan C

4 Description of the seaward limits of the Port of Sullom Voe

PART 4Article 2(1)(c)

Description of the seaward limits of the Port of Sullom Voe

The entire area of Yell Sound and Sullom Voe and adjacent inlets within a line commencing at Ell Wick thence in a northerly direction along the line of low water mark on the west side to a point in latitude 60 38.27N, longitude 01 18.27W on the line of low water mark at the northern extremity of the Point of Fethaland, thence in an easterly direction following a straight line to a point in latitude 60 38.23N, longitude 01 11.13 W on the line of low water mark at the northern extremity of Fogla Lee on the island of Yell, thence generally in a southerly and easterly direction along the line of low water mark on the east side to a point in latitude 60 29.15N, longitude 01 05.80W on the line of low water mark at the south-eastern extremity of the Ness of Copister, thence in a southerly direction to a point in latitude 60 28.68N, longitude 01 05.97W on the line of low water mark at the south-eastern extremity of the Island of Orfasay, thence in a south-westerly direction following a straight line to a point in latitude 60 27.73N, longitude 01 08.37W on the line of low water mark at the southern extremity of Samphrey Island, thence in a westerly direction following a straight line to a point in latitude 60 27.75N, longitude 01 10W at the root of Mossbank Pier and thence generally in a northerly and southerly direction following the line of low water mark to the point of origin.

SCHEDULE 2

Article 3(2)

The Sullom Voe Port Security Authority

SCH-2.1

1. Members

(1) The Sullom Voe Port Security Authority (in this Schedule called “the Authority”) is to consist of three or more members, each of them appointed by the Secretary of State.

(2) Subject to the following provisions of this paragraph, each member of the Authority—

(a)

(a) holds and vacates office in accordance with the terms of the member’s appointment; and

(b)

(b) on ceasing to be a member is eligible for re-appointment.

(3) A member of the Authority may resign the office of member by giving notice to that effect to the Secretary of State and will cease to hold office—

(a)

(a) on the date specified for the purpose in the notice; or

(b)

(b) if that date falls before the expiration of the period of 21 days beginning with the date on which the notice is served, on the date immediately following the expiration of that period.

(4) The Secretary of State may give notice to a member to the effect that the member will cease to hold office on a date specified for the purpose in the notice.

(5) A notice under sub-paragraph (4) may be given only in one or more of the following circumstances—

(a)

(a) the member has failed to attend four or...

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