The Ship and Port Facility (Security) (Amendment) Regulations 2005

Amendments to the 2004 Regulations

2.—(1) The Ship and Port Facility (Security) Regulations 2004(1) shall be amended as follows.

(2) In regulation 1 (citation and commencement), for paragraph (b), there shall be substituted—

“(b) on 1st July 2005 for all other purposes.”.

(3) In regulations 6(6), 8(9), 12(2) and 15(1), in paragraph (a), for “level 5 on the standard scale” there shall be substituted “the statutory maximum”.

(4) In regulations 10 and 11—

(a) paragraph (2) shall be omitted;

(b) in paragraph (3), the words “Subject to paragraph 3A,” shall be inserted at the beginning; and

(c) after paragraph (3) there shall be inserted—

“(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.”.

(5) In regulation 16(2), for paragraph (b), there shall be substituted—

“(b) that the matters stated in the enforcement notice in accordance with regulation 14(1) do not constitute a failure to comply with the requirements specified in regulation 13;”.

(1)

S.I. 2004/1495.