# The Port Security Regulations 2009, Regulation 7: Port Security Authority: Objection to decisions


(1) A person affected by a decision of a Port Security Authority (“the objector”) may require the Secretary of State to consider an objection to that decision by serving on the Secretary of State a notice in writing within 30 days of the date on which the decision was made.
(2) A notice under paragraph (1) must be copied to the Port Security Authority.
(3) A notice under paragraph (1), and the copy served on the Port Security Authority under paragraph (2), must be accompanied by a statement in writing—
(a) specifying the grounds on which the objector is objecting to the decision; and
(b) providing such further information as may be appropriate.
(4) The Port Security Authority may provide the Secretary of State with a response to the objector's notice under paragraph (1) within 30 days of receipt of that notice, and a copy of any such response must be sent at the same time by that Port Security Authority to the objector.
(5) If the Secretary of State requests any further information that the Secretary of State considers necessary from either party that information must be provided to the Secretary of State within 30 days of receipt of such a request or such longer time as the Secretary of State may allow.
(6) If the information requested under paragraph (5) is not supplied within 30 days, or such longer time as the Secretary of State may have allowed, the Secretary of State may serve a notice in writing either—
(a) confirming the decision;
(b) directing the Port Security Authority to reconsider the decision; or
(c) imposing a new or modified decision on the Port Security Authority.
(7) If, no later than 30 days after the latest of—
(a) the date of service of a notice under paragraph (1),
(b) the date of service of a response (if any) under paragraph (4), and
(c) the date that information requested under paragraph (5) is provided,
either party so requests in writing to the Secretary of State, the Secretary of State must allow both parties the opportunity of appearing before and being heard by a person appointed by the Secretary of State for that purpose.
(8) After considering the notice and statement served under paragraphs (1) and (3), any response provided under paragraph (4), any further information provided under paragraph (5) and the report of any person appointed under paragraph (7), the Secretary of State must serve on both parties a notice in writing either—
(a) confirming the decision;
(b) directing the Port Security Authority to reconsider the decision; or
(c) imposing a new or modified decision on the Port Security Authority.
(9) A notice served by the Secretary of State under paragraph (8) shall be binding on the Port Security Authority and the objector.
(10) For the purposes of this regulation “a decision” is a decision of the Port Security Authority—
(a) that will result in the adoption or amendment of a port security plan; or
(b) regarding the charging of fees.

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Source: https://www.legislation.gov.uk/uksi/2009/2048/regulation/7 (the official version)
Page: https://openlegislation.uk/port-security-regulations-2009/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.