Regulation 11 Amendments of Article 10

Article 10 of the principal Regulation (integration of amendments to international instruments) is amended as follows.

In the heading, for “Integration of” substitute “Power to exclude”.

For paragraph 1 substitute—

“1.

(1)

Subparagraph (2) applies if the Secretary of State determines by regulations under paragraph 5 that an amendment made to the special maritime security measures or to Part A of the ISPS Code is to be excluded in relation to international shipping.

(2)

For the purposes of the application of the special maritime security measures and Part A of the ISPS Code by virtue of Article 3(1) of this Regulation (application in respect of international shipping), the amendment is to be treated as not having been made.”.

For paragraph 2 substitute—

“2.

(1)

Subparagraph (2) applies if the Secretary of State determines by regulations made under this subparagraph that an amendment made to the special maritime security measures or to Part A of the ISPS Code (which would not otherwise be excluded, by virtue of being excluded in relation to international shipping: see paragraphs 2(1) and 3(1) of Article 3) is to be excluded in relation to domestic services.

(2)

For the purposes of the application of the special maritime security measures and Part A of the ISPS code by virtue of Article 3(2) and (3) of this Regulation (application in respect of domestic services), the amendment is to be treated as not having been made.”.

Omit paragraphs 3 and 4.

For paragraph 5 substitute—

“5.

If it appears to the Secretary of State that there is a manifest risk that an amendment to the special maritime security measures or to Part A of the ISPS Code will lower the standard of maritime security, the Secretary of State may by regulations determine that the amendment is to be excluded in relation to international shipping.”.

After paragraph 5 insert—

“5A.

(1)

Regulations under this Article are to be made by statutory instrument.

(2)

An instrument containing regulations under this Article is subject to annulment in pursuance of a resolution of either House of Parliament.”.

Omit paragraph 6.

Omit paragraph 7.

Omit paragraph 8.