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The Port Security Regulations 2009

Type Statutory-Instrument
Publication 2009-07-21
Last updated 2020-12-31
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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Reform history JSON API

[^key-771fa785b5444c6950651fc83c7bf92f]: Words in reg. 2 inserted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 19(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

[^key-502ee7eb4c31559ee267187168fbe177]: Words in reg. 3A(4) substituted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 19(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-296ed11c429327016f311a8b3dea4a2b]: Reg. 3A(5) omitted (31.12.2020) by virtue of The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 19(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-78b61ec53eab31f0b1ea4e3ce0c5ff23]: Reg. 2A inserted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 19(3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-69f8356a0306bf6d9bd7626a678505fb]: Reg. 38 omitted (31.12.2020) by virtue of The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 19(5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-981f8976e4943fe270461e8286bb84b8]: Words in Sch. 3 para. 2(a) substituted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 19(6); 2020 c. 1, Sch. 5 para. 1(1)

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 regulations made under regulation 2 ) must be approved by the Secretary of State.
  • (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (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.

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.

2A

  • (1) Regulations under regulation 2 are to be made by statutory instrument.
  • (2) An instrument containing regulations under regulation 2 is subject to annulment in pursuance of a resolution of either House of Parliament.
  • (3) Regulations under regulation 2 may—
  • (a) make different provision for different purposes;
  • (b) make transitional provision.
  • (4) Regulations under regulation 2 may amend or revoke an Order under section 2(2) of the 1972 Act so far as the Order makes provision which could have been made by regulations under regulation 2.

Application of the Regulations

Port security assessment

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