OpenLegislation

The Port Security (Port of Grangemouth) Designation Order 2012

S.I. 2012/2608 · Made 15 October 2012 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 26 November 2013.

Merchant Shipping

Maritime Security

Made 15th October 2012

Laid before Parliament 18th October 2012

Coming into force 19th November 2012

The Secretary of State for Transport makes this Order in exercise of the powers conferred by section 2(2) of the European Communities Act 1972f1.

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to port security, measures relating to the safety of ships and the health and safety of persons on them, and maritime transportf2.

Annotations to the whole text

Footnotes

f1

1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

f2

S.I. 1993/595, 1994/757 and 2004/706.

Contents

  1. 1Citation and commencement
  2. 2Port boundary
  3. 3The Grangemouth Port Security Authority
  4. 4Review
  5. Signature
  6. Schedule 1Boundary of the Port of Grangemouth
  7. Schedule 2: The Grangemouth Port Security Authority Repealed
  8. 1Members Repealed
  9. 2Proceedings of the Authority Repealed
  10. 3Members’ interests Repealed
  11. 4The Crown Repealed
  12. Explanatory note

1Citation and commencementI1

This Order may be cited as the Port Security (Port of Grangemouth) Designation Order 2012 and comes into force on 19th November 2012.

2Port boundaryI1

For the purposes of regulation 3(2)(a) of the Port Security Regulations 2009f1 the boundary of the Port of Grangemouth is delineated by the red line on the plan in Schedule 1.

3The Grangemouth Port Security AuthorityI1

F1(1)

For the purposes of the Port Security Regulations 2009, Port of Grangemouth Security Authority Limited (company number SC458041), a company limited by guarantee (“the Authority”), is designated as the port security authority for the port of Grangemouth.

F2(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(3)

The Authority is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and its property is not to be regarded as property of, or held on behalf of, the Crown.

4ReviewI1

(1)

The Secretary of State must from time to time—

(a)

carry out a review of this Order,

(b)

set out the conclusions of the review in a report, and

(c)

publish the report.

(2)

In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Directive 2005/65/EC of the European Parliament and of the Council of 26th October 2005 (which is implemented by means of the Port Security Regulations 2009f1) is implemented in other member States.

(3)

The report must in particular—

(a)

set out the objectives intended to be achieved by the regulatory system established by those Regulations and this Order,

(b)

assess the extent to which those objectives are achieved, and

(c)

assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4)

The first report under this article must be published F1before 19th November 2017.

(5)

Reports under this article are afterwards to be published at intervals not exceeding five years.

Signature

Signed by authority of the Secretary of State for Transport

Stephen Hammond

Parliamentary Under Secretary of State

Department for Transport

15th October 2012

Schedule 1Boundary of the Port of GrangemouthI1

1MembersF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2Proceedings of the AuthorityF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Members’ interestsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4The CrownF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Explanatory note

(This note is not part of the Order)

This Order is one of a series of Orders implementing Directive 2005/65/EC of the European Parliament and of the Council of 26th October 2005 (OJ L 310, 25.11.2005, p28-39) on enhancing port security at individual ports in the United Kingdom. The Directive was transposed in relation to the United Kingdom as a whole by the Port Security Regulations 2009 (S.I. 2009/2048).

Article 2 and Schedule 1 identify the boundaries of the Port of Grangemouth for the purposes of regulation 3(2)(a) of the Port Security Regulations 2009. Article 3(1) designates the Grangemouth Port Security Authority, for the purposes of regulation 5 of those Regulations, as the port security authority for the Port of Grangemouth. Article 3(2) and Schedule 2 make provision with respect to the Authority’s membership and proceedings, to members’ interests and to the Authority’s status as a non-Crown body. Article 4 requires the Secretary of State to review the operation and effect of this Order and publish a report before 1st January 2014 and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Order should remain as it is, or be revoked or be amended. A further instrument would be needed to revoke the Order or to amend it.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Tony Smith at Zone 31/2, 33 Horseferry Road, London SW1P 4DR (Tel: 020 7944 5875; email: [email protected]) and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.