Part 6

Miscellaneous

Maritime security services
113
The following shall be inserted after section 36 of the Aviation and Maritime Security Act 1990 (c. 31) (security directions: inspection)—

Maritime security services: approved providers
36A
1
In this section “maritime security service” means a process or activity carried out for the purpose of—
a
complying with a requirement of a direction under any of sections 21 to 24, or
b
facilitating a person’s compliance with a requirement of a direction under any of those sections.
2
Regulations may provide for the Secretary of State to maintain a list of persons who are approved by him for the provision of a particular maritime security service.
3
The regulations may—
a
prohibit the provision of a maritime security service by a person who is not listed in respect of that service;
b
prohibit the use or engagement for the provision of a maritime security service of a person who is not listed in respect of that service;
c
create a criminal offence;
d
make provision about application for inclusion in the list (including provision about fees);
e
make provision about the duration and renewal of entries on the list (including provision about fees);
f
make provision about training or qualifications which persons who apply to be listed or who are listed are required to undergo or possess;
g
make provision about removal from the list which shall include provision for appeal;
h
make provision about the inspection of activities carried out by listed persons;
i
confer functions on the Secretary of State or on a specified person;
j
confer jurisdiction on a court.
4
Regulations under subsection (3)(c)—
a
may not provide for a penalty on summary conviction greater than a fine not exceeding the statutory maximum,
b
may not provide for a penalty of imprisonment on conviction on indictment greater than imprisonment for a term not exceeding two years (whether or not accompanied by a fine), and
c
may create a criminal offence of purporting, with intent to deceive, to do something as a listed person or of doing something, with intent to deceive, which purports to be done by a listed person.
5
A direction under any of sections 21 to 24 may—
a
include a requirement to use a listed person for the provision of a maritime security service;
b
provide for all or part of the direction not to apply or to apply with modified effect where a listed person provides a maritime security service.
6
Regulations under this section—
a
may make different provision for different cases,
b
may include incidental, supplemental or transitional provision,
c
shall be made by the Secretary of State by statutory instrument,
d
shall not be made unless the Secretary of State has consulted organisations appearing to him to represent persons affected by the regulations, and
e
shall be subject to annulment in pursuance of resolution of either House of Parliament.