The Port Security Regulations 2009

Review of the port security assessment and port security plan U.K.

18.—(1) A Port Security Authority must complete a review of the port security assessment and the port security plan—

(a) at each meeting of the Port Security Authority;

(b) within 30 days of a major operational change in the port;

(c) within 30 days of a major structural change in the port;

(d) within 30 days of a major security incident at the port;

(e) within 30 days of any written request of the Secretary of State; and

(f) not more than 5 years after that assessment was last approved or that plan was last approved.

(2) A review of a port security assessment under paragraph (1)(a) must consist of a review of the security risks highlighted in the port security assessment, the likelihood of the security risks occurring, the impact such an occurrence would have and the actions to be taken to address those security risks.

(3) A review of a port security assessment under paragraph (1)(b), (c), (d), (e) or (f) must consist of a review of the matters [F1 that are required by regulation 3A(2) to be taken into account].

(4) A review of a port security plan under paragraph (1) must consist of a review of the matters that the Port Security Authority is required to comply with under regulation 15(2).

(5) Following a review under paragraph (1) the Port Security Authority must amend the port security assessment and port security plan as appropriate.

(6) Where a port security plan or a port security assessment has been reviewed under paragraph (1)(b), (c), (d), (e) or (f), the Port Security Authority must request approval from the Secretary of State for the port security plan or port security assessment (as amended if appropriate under paragraph (5)) no later than 30 days after the deadline for undertaking the review specified in that provision.

[F2 (7) A request for approval under paragraph (6) must be made in writing and be accompanied by information demonstrating that the review has been carried out in accordance with paragraph (3).

(7A) After receiving a request for approval under paragraph (6), the Secretary of State may—

(a) approve,

(b) refuse to approve, or

(c) approve subject to amendment,

the port security assessment.

(7B) If the Secretary of State fails to give or refuse approval within 30 days of receipt of a request under paragraph (6), the Secretary of State shall be deemed to have refused to approve the port security assessment.

(7C) If the Secretary of State has, or is deemed to have, refused to approve the port security assessment, the Port Security Authority must revise that assessment and submit a further request for approval within 30 days of that refusal or deemed refusal.]

(8) The provisions of regulation 16(2),(6),(7),(8) and (9) apply to a request for approval from the Secretary of State of a port security plan following a review of that port security plan under paragraph (1)(b),(c),(d), (e) or (f) as they apply to a request for approval under regulation 16(1).

(9) The Port Security Authority may appoint a recognised security organisation to carry out a review of the port security assessment or port security plan on its behalf.

(10) In this regulation—

(a) “major operational change” means a major change to a commercial maritime transport operator or its operations that will have an impact on the security of the port; and

(b) “major structural change” means a major change to any physical structures in the port that will have an impact on the security of the port.

Textual Amendments

F1 Words in reg. 18(3) substituted (29.11.2013) by The Port Security (Amendment) Regulations 2013 (S.I. 2013/2815), regs. 1, 8(2)

F2 Reg. 18(7)-(7C) substituted for reg. 18(7) (29.11.2013) by The Port Security (Amendment) Regulations 2013 (S.I. 2013/2815), regs. 1, 8(3)