The Ship and Port Facility (Security) Regulations 2004

PART 1 U.K. PRELIMINARY

Citation and commencement U.K.

1.  These Regulations may be cited as the Ship and Port Facility (Security) Regulations 2004 and shall come into force —

(a) from 1st July 2004 for international shipping; and

[F1 (b) on 1st July 2005 for all other purposes.]

Textual Amendments

F1 Reg. 1(b) substituted (1.7.2005) by The Ship and Port Facility (Security) (Amendment) Regulations 2005 (S.I. 2005/1434), regs. 1, 2(2)

Interpretation U.K.

2.—(1) In these Regulations—

“the EC Regulation” means Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 M1 on enhancing ship and port facility security [F2 , as amended by the Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019];

[F3 “the SOLAS Convention” means the International Convention for the Safety of Life at Sea 1974 as amended from time to time (disregarding for this purpose any amendment so far as it is excluded by Article 10(1) or (2) of the EC Regulation);]

[F4 “ISPS Code” means the International Ship and Port Facility Security Code as amended from time to time (disregarding for this purpose any amendment so far as it is excluded by Article 10(1) or (2) of the EC Regulation);]

[F5 “Class A passenger ship” and “Class B passenger ship” have the same meaning as in Article 3 of the EC Regulation;]

“constable” includes any person having the powers and privileges of a constable;

“domestic shipping” means any transport service by ship in sea areas from a port facility of the United Kingdom to the same port facility or another port facility within the United Kingdom;

“duly authorised officer” means either—

(a) an inspector appointed under section 256 of the Merchant Shipping Act 1995 M2 , or

(b) a surveyor appointed under section 256 of the Merchant Shipping Act 1995, or

(c) an “authorised person” within the meaning of section 46(1) M3 of the Aviation and Maritime Security Act 1990;

“international shipping” means any maritime transport service by ship from a port facility of the United Kingdom to a port facility outside the United Kingdom, or conversely;

“international voyage” means a voyage from a country to which the SOLAS Convention applies to a port outside such country, or conversely;

“master” includes every person (except a pilot) having command or charge of a ship;

“non-United Kingdom ship” means a ship other than a United Kingdom ship;

“owner of the port facility security plan” means the person who submits the port facility security plan or the person on whose behalf that plan is submitted to the Secretary of State for approval under section 16.2 of Part A of the ISPS Code;

“restricted area” means an area in a ship or a port facility that is identified as such in a ship security plan or port facility security plan;

[F6 “tanker” has the same meaning as in Article 3(3) of the EC Regulation;]

“United Kingdom registration provisions” means Part II of the Merchant Shipping Act 1995, or any Order in Council under section 1 of the Hovercraft Act 1968 M4 .

“United Kingdom ship” has the same meaning as in section 85(2) of the Merchant Shipping Act 1995, and

“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom.

(2) The expressions used in these Regulations which are given a meaning in the SOLAS Convention or the ISPS Code have the same meaning they bear in those instruments, and are listed in the Schedule to these Regulations.

(3) Other expressions used in these Regulations which are also used in the EC Regulation, have the same meaning they bear in that Regulation.

Textual Amendments

F2 Words in reg. 2(1) inserted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 18(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 2(1) substituted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 18(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 2(1) substituted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 18(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 2(1) substituted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 18(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 2(1) inserted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 18(2)(e); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 OJ L129/ 6, 29.4.2004

M2 1995 c. 21; section 256 was amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), Schedule 6, paragraph 15.

M3 1990 c. 31; there are amendments to section 46 which are not directly relevant to these Regulations.

M4 1968 c. 59.

Purpose U.K.

3.  The purpose of these Regulations is to provide for the implementation of the EC Regulation.

Application U.K.

4.—(1) These Regulations apply to—

(a) the following types of United Kingdom ships and non-United Kingdom ships in United Kingdom waters when engaged on international voyages, and their companies:

(i) passenger ships including high speed craft which carry more than 12 passengers;

(ii) cargo ships, including high speed craft, of 500 gross tonnage and upwards;

(iii) mobile offshore drilling units;

(b) Class A passenger ships operating domestic services within United Kingdom waters and their companies;

[F7 (ba) Class B passenger ships operating domestic services within United Kingdom waters which are certified to carry more than 250 passengers, and their companies;

(bb) tankers operating domestic services within United Kingdom waters and their companies;]

(c) the following port facilities—

(i) port facilities serving the ships specified in paragraph (1)(a); and

(ii) port facilities serving ships specified in paragraph (1)(b).

(2) These Regulations do not apply to —

(a) ships of war and troop ships;

(b) cargo ships of less than 500 gross tonnage;

(c) ships not propelled by mechanical means;

(d) wooden ships of primitive build;

(e) pleasure yachts not engaged in trade;

(f) fishing vessels; and

(g) vessels not engaged in commercial activities.

Textual Amendments

F7 Reg. 4(1)(ba)(bb) inserted (31.12.2020) by The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/308), regs. 1(2), 18(3); 2020 c. 1, Sch. 5 para. 1(1)

Designations U.K.

5.  The Secretary of State for Transport is hereby designated—

F8 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the “designated authority” for the purposes of Chapter XI-2 of the SOLAS Convention and the ISPS Code.

Textual Amendments

F8 Reg. 5(a)(b) 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), 18(4); 2020 c. 1, Sch. 5 para. 1(1)