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PART 2 U.K.Port Security Authorities

Port Security AuthoritiesU.K.

5.—(1) A body may be designated as the Port Security Authority for more than one port.

(2) Schedule 2, which makes provision about Port Security Authorities, has effect.

Duty to apply for or nominate membership of a Port Security AuthorityU.K.

6.  An application for membership of the Port Security Authority for a port must be made to the Secretary of State by—

(a)the port facility security officer of each port facility within the port, or an individual nominated by that port facility security officer or by the owner of the port facility plan to represent the port facility on the Port Security Authority;

(b)an individual nominated by the directed party of each AMSA facility (if any) within the port to represent the AMSA facility on the Port Security Authority; and

(c)the security manager of each port related area (if any) designated in relation to the port, or an individual nominated by that security manager to represent the port related area on the Port Security Authority.

Port Security Authority: Objection to decisionsU.K.

7.—(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.

Port Security Authority: FeesU.K.

8.—(1) Subject to paragraph (2), a Port Security Authority may charge a port facility security officer, directed party or security manager such a fee in connection with, or incidental to, carrying out any function under these Regulations as it may decide.

(2) The fee charged under paragraph (1) must not exceed the costs reasonably incurred or to be incurred by the Port Security Authority in carrying out the function in question.

(3) A fee charged under paragraph (1) shall be—

(a)due upon written demand; and

(b)recoverable only as a civil debt.

Power to require information from a Port Security AuthorityU.K.

9.—(1) The Secretary of State may, by notice in writing, require a Port Security Authority to provide information and documentation relating to—

(a)the security of the port;

(b)the proceedings of that Authority; or

(c)the membership of that Authority.

(2) A Port Security Authority must provide the Secretary of State with any information or documentation requested under paragraph (1) within 30 days of the notice being served on it, or such longer period as the Secretary of State may allow.

Power of the Port Security Authority to require informationU.K.

10.—(1) A Port Security Authority may, by notice in writing, require a port facility security officer, directed party or security manager, to furnish it with such information relating to the security of the port in relation to which that Authority has been designated, as that Authority may consider necessary for the carrying out of its functions.

(2) A person served with a notice under paragraph (1) must provide the Port Security Authority with the information requested in that notice within 30 days of that notice being served on that person, or such longer period as the Port Security Authority specifies in that notice.

Co-operation with UK control authoritiesU.K.

11.  A Port Security Authority must ensure that there is adequate liaison and cooperation with UK control authorities.