# The Ship and Port Facility (Security) Regulations 2004, Regulation 2: Interpretation


(1) In these Regulations—
“the EC Regulation” means Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security , as amended by the Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019;
“the SOLAS Convention” means the International Convention for the Safety of Life at Sea 1974 as amended from time to time (disregarding for this purpose any amendment so far as it is excluded by Article 10(1) or (2) of the EC Regulation);
“ISPS Code” means the International Ship and Port Facility Security Code as amended from time to time (disregarding for this purpose any amendment so far as it is excluded by Article 10(1) or (2) of the EC Regulation);
“address”, in relation to electronic communications, means any number or address used for the purposes of such communications;
“Class A passenger ship” and “Class B passenger ship” have the same meaning as in Article 3 of the EC Regulation;
“constable” includes any person having the powers and privileges of a constable;
“domestic shipping” means any transport service by ship in sea areas from a port facility of the United Kingdom to the same port facility or another port facility within the United Kingdom;
“duly authorised officer” means either—
(a)an inspector appointed under section 256 of the Merchant Shipping Act 1995 , or
(b)a surveyor appointed under section 256 of the Merchant Shipping Act 1995, or
(c)an “authorised person” within the meaning of section 46(1) of the Aviation and Maritime Security Act 1990;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 (c. 7);
“international shipping” means any maritime transport service by ship from a port facility of the United Kingdom to a port facility outside the United Kingdom, or conversely;
“international voyage” means a voyage from a country to which the SOLAS Convention applies to a port outside such country, or conversely;
“master” includes every person (except a pilot) having command or charge of a ship;
“non-United Kingdom ship” means a ship other than a United Kingdom ship;
“owner of the port facility security plan” means the person who submits the port facility security plan or the person on whose behalf that plan is submitted to the Secretary of State for approval under section 16.2 of Part A of the ISPS Code;
“restricted area” means an area in a ship or a port facility that is identified as such in a ship security plan or port facility security plan;
“tanker” has the same meaning as in Article 3(3) of the EC Regulation;
“United Kingdom registration provisions” means Part II of the Merchant Shipping Act 1995, or any Order in Council under section 1 of the Hovercraft Act 1968 .
“United Kingdom ship” has the same meaning as in section 85(2) of the Merchant Shipping Act 1995, and
“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom.
(2) The expressions used in these Regulations which are given a meaning in the SOLAS Convention or the ISPS Code have the same meaning they bear in those instruments, and are listed in the Schedule to these Regulations.
(3) Other expressions used in these Regulations which are also used in the EC Regulation, have the same meaning they bear in that Regulation.

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Source: https://www.legislation.gov.uk/uksi/2004/1495/regulation/2 (the official version)
Page: https://openlegislation.uk/ship-and-port-facility-security-regulations-2004/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

