This Statutory Instrument has been made in consequence of defects in SI 2004/1495 and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
2005 No. 1434
MERCHANT SHIPPING
MARITIME SECURITY
The Ship and Port Facility (Security) (Amendment) Regulations 2005
Made
25th May 2005
Laid before Parliament
2nd June 2005
Coming into force
1st July 2005
The Secretary of State for Transport, being a Minister designated( 1 ) for the purposes of section 2(2) of the European Communities Act 1972( 2 ) in relation to port security, measures relating to the safety of ships and the health and safety of persons on them and maritime transport, in exercise of the powers conferred upon him by that section hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Ship and Port Facility (Security) (Amendment) Regulations 2005 and shall come into force on 1st July 2005.
Amendments to the 2004 Regulations
2. —(1)The Ship and Port Facility (Security) Regulations 2004( 3 ) shall be amended as follows.
(2) In regulation 1 (citation and commencement), for paragraph (b), there shall be substituted—
“ (b) on 1st July 2005 for all other purposes. ” .
(3) In regulations 6(6), 8(9), 12(2) and 15(1), in paragraph (a), for “level 5 on the standard scale” there shall be substituted “the statutory maximum”.
(4) In regulations 10 and 11—
(a) paragraph (2) shall be omitted;
(b) in paragraph (3), the words “Subject to paragraph 3A,” shall be inserted at the beginning; and
(c) after paragraph (3) there shall be inserted—
“ (3A) A person who contravenes paragraph (1)(a) is not guilty of an offence unless it is proved that, at the material time, notices stating that the area concerned was a restricted area were posted so as to be readily seen and read by persons entering the area. ” .
(5) In regulation 16(2), for paragraph (b), there shall be substituted—
“ (b) that the matters stated in the enforcement notice in accordance with regulation 14(1) do not constitute a failure to comply with the requirements specified in regulation 13; ” .
Signed by the authority of the Secretary of State for Transport
Dr Stephen Ladyman
Minister of State
Department for Transport
25th May 2005