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Regulation 11 Unauthorised presence in a restricted area of a port facility

United Kingdom

(1)

A person shall not—

(a)

go, onto or into any part of a restricted area of a port facility except with the permission of the port facility security officer or a person acting on his behalf, and in accordance with any conditions subject to which that permission is for the time being granted, or

(b)

remain in any part of such a restricted area after being requested to leave by the port facility security officer or a person acting on his behalf.

F1(2)

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

(3)

F2Subject to paragraph 3A, a person who contravenes paragraph (1) without lawful authority or reasonable excuse is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

F3(3A)

A person who contravenes paragraph (1)(a) is not guilty of an offence unless it is proved that, at the material time, notices stating that the area concerned was a restricted area were posted so as to be readily seen and read by persons entering the area.

(4)

A constable, or the port facility security officer, or a person acting on behalf of the port facility security officer, may use such force as is reasonable in the circumstances to remove from a restricted area a person remaining in it in contravention of paragraph (1)(b).

Annotations

Textual amendments

F1

Reg. 11(2) omitted (1.7.2005) by virtue of The Ship and Port Facility (Security) (Amendment) Regulations 2005 (S.I. 2005/1434), regs. 1, 2(4)(a)

F2

Words in reg. 11(3) inserted (1.7.2005) by The Ship and Port Facility (Security) (Amendment) Regulations 2005 (S.I. 2005/1434), regs. 1, 2(4)(b)

F3

Reg. 11(3A) inserted (1.7.2005) by The Ship and Port Facility (Security) (Amendment) Regulations 2005 (S.I. 2005/1434), regs. 1, 2(4)(c)