The Port Security (Ports of Liverpool and the Manchester Ship Canal) Designation Order 2013

Made: 2nd September 2013

Laid before Parliament: 5th September 2013

Coming into force: 3rd October 2013

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 transport[^f00002].

Citation and commencement

1

This Order may be cited as the Port Security (Ports of Liverpool and the Manchester Ship Canal) Designation Order 2013 and comes into force on 3rd October 2013.

Port boundary: Liverpool

2

• (1) For the purposes of regulation 3(2)(a) of the Port Security Regulations 2009[^f00003], the boundary of the Port of Liverpool is identified as follows.

• (2) The boundary is generally shown by the inner edge of the red line on the plan in Part 1 of Schedule 1.

• (3) As to the inland limits of the boundary—

• (a) the boundary, so far as not included in the rectangles referred to in paragraph (4), runs along the beaches and foreshores on either side of the River Mersey up to Warrington Bridge; and

• (b) the boundary crosses the river along the seaward edge of Warrington Bridge.

• (4) As to the parts of the boundary included in the rectangles edged in black and marked “A”, “B” and “C” on the plan in Part 1 of Schedule 1, the boundary is more particularly shown by the seaward edges of the red lines on each of the corresponding inset plans, in Part 2 of Schedule 1, headed respectively “Inset Plan A–Liverpool”, “Inset Plan B–Birkenhead” and “Inset Plan C–Tranmere Oil Terminal”.

• (5) As to the seaward limits of the boundary, the boundary is more particularly shown by the lines drawn between the co-ordinates on the plan in Part 3 of Schedule 1.

• (6) 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.

Port boundary: the Manchester Ship Canal

3

For the purposes of regulation 3(2)(a) of the Port Security Regulations 2009, the boundary of the Port of the Manchester Ship Canal is the same as the boundary of the Manchester Ship Canal, except that, for the areas shown on the plans headed—

• (a) “Eastham Locks”,

• (b) “Partington Basin North and Partington Jetty”, and

• (c) “Stanlow Oil Terminal”,

in Schedule 2, the boundary is shown by the waterward edges of the red lines on each of those plans.

The Liverpool and Manchester Ship Canal Port Security Authority Limited

4

• (1) For the purposes of the Port Security Regulations 2009, The Liverpool and Manchester Ship Canal Port Security Authority Limited (company number 08652323), a company limited by guarantee (“the Authority”), is designated as the port security authority for the ports of Liverpool and the Manchester Ship Canal.

• (2) The Authority is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and its property is not to be regarded as property of, or held on behalf of, the Crown.

Review

5

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

• (a) carry out a review of this Order,

• (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 Directive 2005/65/EC of the European Parliament and of the Council of 26th October 2005 (which is implemented by means of the Port Security Regulations 2009[^f00004]) is implemented in other member States.

• (3) The report must in particular—

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

• (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 article must be published before 3rd October 2018.

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

SCHEDULE 1

PART 1 — Boundary of the Port of Liverpool

PART 2 — Inset Plan A–Liverpool

Inset Plan B–Birkenhead

Inset Plan C–Tranmere Oil Terminal

PART 3 — Seaward limits of the boundary of the Port of Liverpool

SCHEDULE 2 — Parts of the boundary of the Port of the Manchester Ship Canal

Eastham Locks

Partington Basin North and Partington Jetty

Stanlow Oil Terminal

Signed

Signed by authority of the Secretary of State for Transport

Stephen Hammond — Parliamentary Under Secretary of State — Department for Transport — 2nd September 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is one of a series of Orders implementing Directive 2005/65/EC of the European Parliament and of the Council of 26th October 2005 (OJ L 310, 25.11.2005, p28-39) on enhancing port security at individual ports in the United Kingdom. The Directive was transposed in relation to the United Kingdom as a whole by the Port Security Regulations 2009 (S.I. 2009/2048).

Article 2 and Schedule 1identify the boundary of the Port of Liverpool for the purposes of regulation 3(2)(a) of the Port Security Regulations 2009. Article 3 and Schedule 2identify the boundary of the Port of the Manchester Ship Canal for the purposes of that regulation 3(2)(a). Article 4(1) designates The Liverpool and Manchester Ship Canal Port Security Authority Limited, for the purposes of regulation 5 of those Regulations, as the port security authority for the Ports of Liverpool and the Manchester Ship Canal. Article 4(2) makes provision with respect to the Authority’s status as a non-Crown body. Article 5 requires the Secretary of State to review the operation and effect of this Order and publish a report before 3rd October 2018 and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Order should remain as it is, or be revoked or be amended. A further instrument would be needed to revoke the Order or to amend it.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Gary Kemp at Zone 2/32, 33 Horseferry Road, London SW1P 4DR (Tel: 020 7944 6242; email: gary.kemp@dft.gsi.gov.uk and is published with the Explanatory Memorandum alongside the instrument on http://www.legislation.gov.uk .

Footnotes

[^f00001]: 1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

[^f00002]: S.I. 1993/595, 1994/757 and 2004/706.

[^f00003]: S.I. 2009/2048.

[^f00004]: S.I. 2009/2048.