{
  "url": "https://openlegislation.uk/port-security-amendment-regulations-2013/note",
  "json_url": "https://openlegislation.uk/port-security-amendment-regulations-2013/note.json",
  "legislation": "uksi/2013/2815",
  "legislation_title": "The Port Security (Amendment) Regulations 2013",
  "legislation_url": "https://openlegislation.uk/port-security-amendment-regulations-2013",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the regulations)\nThese regulations amend the Port Security Regulations 2009 (S.I. 2009/2048, “the Regulations”). The amendments further transpose 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 Directive”).\nThe amendments do two main things. They remove from the port security authority the responsibility for ensuring that the port security assessment is done and place that responsibility instead on the Secretary of State. The amendments also ensure that the first port security assessment is done prior to designation of the boundary of a port, and that that assessment informs where the boundary should lie. Both changes improve the Regulations’ transposition of the Directive.\nThe phrase “port facility locality” is introduced by the amendments. This is to refer to the geographical area that exists prior to a “port” within the meaning of the Regulations coming into existence. It is in relation to that geographical area that the first port security assessment is done. From that assessment, a boundary is identified and by order designated to produce a “port” within the meaning of the Regulations. A port security authority is also then designated by order, by reference to that port. The phrase “port facility locality” is merely a drafting device to distinguish between, on the one hand, the area that exists prior to the coming into existence of a “port” within the meaning of the Regulations and, on the other hand, the area (“the port”) which comes into existence by the designation by order of the port boundary.\nRegulation 1 provides for citation and commencement.\nRegulation 2 introduces the amendments.\nRegulation 3 moves the definition of “port” into regulation 2 and makes a consequential amendment to that definition to include the new phrase “port facility locality”. The definition of “port” is also amended to use the word “defined” instead of “identified” because “defined” is the word used by articles 2(3) and 3(1) of the Directive. The word “specified” is introduced into the definition of “port” because that word is used in article 3(1) of the Directive. The part of the original definition of “port” that says “that contains at least one port facility that is covered by an approved port facility security plan” is omitted in the new definition; that phrase is now contained in the new definition of “port facility locality” by reference to which the “port” will be defined. Regulation 3 introduces into regulation 2 the definition of “port facility locality” (the starting point by reference to which the first port security assessment is done). Regulation 3 also amends the definition of “port security assessment” in regulation 2 to reflect that the assessment is now to be done under new regulation 3A. Finally, regulation 3 (with regulation 9) moves the definition of the Directive out of regulation 38(2) and into regulation 2 now that “the Directive” is used more than once in the Regulations.\nRegulation 4 substitutes a new regulation 3. The only change of substance is to refer to “port facility locality” instead of “port”. The substituted regulation 3(3) duplicates the reference in the original regulation 3(5) of the Regulations to “the relevant provisions of the EC Regulation”. This phrase is taken from article 2(4) of the Directive.\nRegulation 5 replaces regulation 14 with a new regulation 3A. The changes move responsibility from the port security authority to the Secretary of State for ensuring that the port security assessment is done. New regulation 3A effectively replicates regulation 14 but with consequential changes reflecting that the Secretary of State rather than the port security authority ensures that the port security assessment is done. New regulation 3A(6) introduces a new requirement, reflecting that change, for the Secretary of State to supply to the port security authority the port security assessment. New regulation 3A also includes changes consequential on the new phrase “port facility locality”.\nRegulation 6 revokes regulation 14 (which is replaced by new regulation 3A, see above).\nRegulation 7 clarifies regulation 15 in light of the other amendments.\nRegulation 8 makes consequential amendments to regulation 18. These include amendments consequential on the move of responsibility to the Secretary of State for the port security assessment.\nRegulation 9 removes from regulation 38(2) the definition of the Directive (which now appears in regulation 2 instead, see above).\nRegulation 10 inserts a review clause as new regulation 39. New regulation 39 requires the Secretary of State to review the operation and effect of the Regulations and publish a report before 29th November 2018 and within every five years after that. Following a review, it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.\nRegulation 11 makes consequential amendments to Schedule 3.\nA full impact assessment has not been produced for this instrument as no impact on industry, the public sector, charities or voluntary bodies is foreseen. The amendments lift a burden by removing from the port security authority the requirement to conduct the port security assessment (the port security authority will still have to conduct reviews of the port security assessment, but that is not a change from what the Regulations currently require). The impact assessment done in relation to the Regulations when they were made is available at http://www.legislation.gov.uk/uksi/ 2009/2048/pdfs/uksiem_20092048_en.pdf.\nA transposition note was prepared in relation to the Regulations when they were made. No additional transposition note has been prepared in relation to these amending regulations. The original one is available from Caroline Wall at zone 2/32, Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR, telephone 020 7 944 6251, email caroline.wall@dft.gsi.gov.uk and is also available at http://www.legislation.gov.uk/uksi/2009/ 2048/pdfs/uksiem_20092048_en.pdf .",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/2815/note",
    "retrieved_at": "2026-10-29T00:35:44.578085+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}