Regulation 19 Amendments of the Port Security Regulations 2009

(1)

The Port Security Regulations 2009^f1 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

in the definition of “designated”, after “1972 Act” insert “or in regulations made under this definition”;

(b)

in the definition of “EC Regulation”, after “security” insert “, as amended by the Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2018”;

(c)

in the definition of “ISPS Code”, for the words from “in so” to the end substitute “(disregarding for this purpose any amendment so far as it is excluded by Article 10(1) or (2) of the EC Regulation);”

(d)

in the definition of “port”, after “1972 Act” insert “or in regulations made under this definition”.

(3)

After regulation 2 insert—

“2A.

(1)
Regulations under regulation 2 are to be made by statutory instrument.

(2)
An instrument containing regulations under regulation 2 is subject to annulment in pursuance of a resolution of either House of Parliament.

(3)
Regulations under regulation 2 may—

(a)
make different provision for different purposes;

(b)
make transitional provision.

(4)
Regulations under regulation 2 may amend or revoke an Order under section 2(2) of the 1972 Act so far as the Order makes provision which could have been made by regulations under regulation 2.”.

(4)

In regulation 3A (port security assessment)—

(a)

in paragraph (4), for “an Order made under section 2(2) of the 1972 Act” substitute “regulations made under regulation 2”;

(b)

omit paragraph (5).

(5)

Omit regulation 38 (designation of focal point for port security).

(6)

In Schedule 3 (port security assessment), in paragraph 2(a), for “an Order made under section 2(2) of the 1972 Act” substitute “regulations made under regulation 2”.

Annotations

Footnotes

f1: S.I. 2009/2048 as amended by the Crime and Courts Act 2013 and S.I. 2013/2815.