The Port Security Regulations 2009

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement, in relation to the whole of the United Kingdom, Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security (OJ L 310, 25.11.2005, p 28). The purpose of that Directive is to introduce Community measures to enhance port security and to ensure that security measures taken under Regulation (EC) 725/2004 of the European Parliament and Council of 31 March 2004 on enhancing ship and port facility security (OJ L129, 29.4.2004, p 6), benefit from enhanced port security.

In Part 1, regulation 1 provides for the commencement of the Regulations.

Regulation 2 deals with interpretation and regulation 3 sets out the application of the Regulations.

Regulation 4 and Schedule 1 provide for the notification of port related areas, the appointment of security managers and their duties, including the development and implementation of port related area security plans.

Part 2 and Schedule 2 make provision for port security authorities, including their designation and membership, an appeal procedure to address objections to their decisions, their fees and for the provision of information.

Part 3 makes provision for the appointment and functions of port security officers.

Part 4 sets out the main requirements of the Regulations.

Regulation 14 requires a port security assessment to be carried out and for approval for the port security assessment to be obtained from the Secretary of State.

Regulations 15, 16, 17 and 22 set out requirements for the preparation, maintenance, approval, implementation and monitoring of the port security plan.

Regulation 18 requires reviews of port security assessments and port security plans.

Regulation 19 and Schedule 5 contain security training requirements.

Regulation 20 requires port security authorities to ensure that appropriate security levels are in place.

Regulation 21 contains provisions for security clearance and protective marking of documents and regulation 23 and Schedule 6 allow for the appointment of recognised security organisations.

In Part 5 Regulation 24 contains provisions in respect of controlled buildings and regulation 25 provides for the search of people entering, or in, a restricted area or a controlled building.

Part 6, sets out the enforcement provisions.

Regulation 38 specifies that the Secretary of State is the focal point for port security.

An impact assessment in respect of this instrument has been prepared. A Transposition Note which sets out how Directive 2005/65/EC is to be transposed into UK law has also been prepared. Both documents are available from the Department for Transport (Maritime Security Policy Branch), Zone 5/5th Floor, Southside,105 Victoria Street, London SW1E 6DT and are annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk). Copies of each document have been placed in the library of each House of Parliament.

Copies of the ISPS Code and the International Safety Management (ISM) Code may be obtained from the International Maritime Organisation Publishing Service, 4 Albert Embankment, London SE1 7SR (www.imo.org).