Citation and commencement

1. These regulations may be cited as the Port Security (Amendment) Regulations 2013 and come into force on 29th November 2013.

Amendment of the Port Security Regulations 2009

2.The Port Security Regulations 2009( 5 ) are amended as follows.

Amendment of regulation 2

3. In regulation 2 (interpretation)—

(a) in the definition of “port”, for—

“ has the meaning given in regulation 3(2) ”

substitute—

“ means any specified area of land and water at a port facility locality in the United Kingdom within boundaries that are defined by the Secretary of State in an Order made under section 2(2) of the 1972 Act, and in the case of a port for which a port related area is designated, every reference to the port includes that port related area ” ;

(b) after the definition of “port facility”, insert—

“ “port facility locality” means a locality in the United Kingdom in which one or more port facilities covered by an approved port facility security plan is or are situated; ” ;

(c) in the definition of “port security assessment”, for “means an assessment carried out by the Port Security Authority under regulation 14” substitute “means an assessment carried out under regulation 3A”; and

(d) after the definition of “Port Security Authority”, insert—

“ “the Port Security Directive” means Directive 2005/65/EC 6 ) of the European Parliament and of the Council of 26th October 2005 on enhancing port security; ” .

Substitution of regulation 3

4. For regulation 3 (application of the regulations), substitute—

“ 3. —(1) These Regulations apply to port facility localities in the United Kingdom.

(2) These Regulations do not apply to military installations.

(3) The relevant provisions of the EC Regulation take precedence over Parts 2 to 6 of these Regulations where—

(a) a port facility locality contains only one port facility that is covered by an approved port facility security plan;

(b) the boundaries of the port facility are effectively the same as the boundaries identified under paragraph 2(a) of Schedule 3; and

(c) there is no area of land or property that is affecting or is likely to affect the security of the area that lies within the boundaries identified under paragraph 2(a) of Schedule 3.

(4) In this regulation—

(a) “military installation” means an installation used by Her Majesty’s armed forces or members of a visiting force;

(b) “armed forces” includes the navy and air force;

(c) “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. ” .

New regulation 3A

5. After regulation 3, insert—

“ Port security assessment

3A. —(1) The Secretary of State must ensure that a port security assessment is carried out for every port facility locality.

(2) Each port security assessment must take into account—

(a) the specificities of different sections of—

(i) the port facility locality; and

(ii) any area adjacent to the port facility locality which has an impact on security in the port facility locality if the Secretary of State considers that area to be relevant;

(b) the port facility security assessments carried out for the port facilities situated within the port facility locality; and

(c) the detailed requirements in Schedule 3.

(3) Port security assessments may be carried out by a recognised security organisation.

(4) Each port security assessment (including the identification of the boundaries to be defined, for the purposes of the definition in these Regulations of “port”, by the Secretary of State in an Order made under section 2(2) of the 1972 Act) must be approved by the Secretary of State.

(5) Where international maritime transport services operate from a port facility locality, the Secretary of State must ensure that the port security assessment is carried out in co-operation with the authorities of the other Member States to and from which those services operate.

(6) As soon as reasonably practicable after a Port Security Authority has been designated for a port, the Secretary of State must supply to the Port Security Authority designated for that port the port security assessment carried out under this regulation for the port facility locality in which that port is located.

(7) In this regulation, “port facility security assessment” means an assessment of a port facility carried out pursuant to the EC Regulation. ” .

Revocation of regulation 14

6.Regulation 14 (port security assessment) is revoked.

Amendment of regulation 15

7. In regulation 15 (port security plan), in paragraph (5)—

(a) omit “for a port”; and

(b) for “the port security plan for that port” substitute “the port security plan for the port to which that assessment relates”.

Amendment of regulation 18

8. —(1)Regulation 18 (review of port security assessment and port security plan) is amended as follows.

(2) In paragraph (3), for “that the Port Security Authority is required to take into account by regulation 14(2)” substitute “that are required by regulation 3A(2) to be taken into account”.

(3) For paragraph (7), substitute—

“ (7) A request for approval under paragraph (6) must be made in writing and be accompanied by information demonstrating that the review has been carried out in accordance with paragraph (3).

(7A) After receiving a request for approval under paragraph (6), the Secretary of State may—

(a) approve,

(b) refuse to approve, or

(c) approve subject to amendment,

the port security assessment.

(7B) If the Secretary of State fails to give or refuse approval within 30 days of receipt of a request under paragraph (6), the Secretary of State shall be deemed to have refused to approve the port security assessment.

(7C) If the Secretary of State has, or is deemed to have, refused to approve the port security assessment, the Port Security Authority must revise that assessment and submit a further request for approval within 30 days of that refusal or deemed refusal. ” .

Amendment of regulation 38

9. In regulation 38 (designation of Secretary of State as focal point for port security), omit paragraph (2).

Review clause

10. After regulation 38, insert—

“ Review

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

(a) carry out a review of these Regulations;

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

(c) publish the report.

(2) In carrying out the review, the Secretary of State must, so far as is reasonable, have regard to how the Port Security Directive (which is implemented by means of these Regulations) is implemented in other European Union Member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

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

(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 regulation must be published before 29th November 2018.

(5) Reports under this regulation must afterwards be published at intervals not exceeding five years. ” .

Amendment of Schedule 3

11. —(1)Schedule 3 (port security assessment) is amended as follows.

(2) In the reference note at the head of the schedule, for “Regulation 14” substitute “Regulation 3A”.

(3) In paragraph 2—

(a) in sub-paragraph (a), for—

“ thus also defining the security relevant port areas ”

substitute—

“ thus also identifying the boundaries to be defined, for the purposes of the definition in these Regulations of “port”, by the Secretary of State in an Order made under section 2(2) of the 1972 Act ” ;

(b) in sub-paragraph (c), for “port personnel” substitute “port facility locality personnel”;

(c) in sub-paragraph (d), for “port” substitute “port facility locality”;

(d) in sub-paragraph (g), for “port” in the three places where it occurs substitute “port facility locality”;

(e) in sub-paragraph (k), for “overall port security” substitute “overall security of the port facility locality”;

(f) in sub-paragraph (l), for “the overarching port security” substitute “the overarching security of the port facility locality”; and

(g) in sub-paragraph (m)—

(i) for “the entire port or to specific parts of the port” substitute “the entire port facility locality or to specific parts of the port facility locality”; and

(ii) for “which may vary between port areas” substitute “which may vary between port facility locality areas”.