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Citation and commencement

1.  This Order may be cited as the Port Security (Port of Aberdeen) Designation Order 2012 and comes into force on 19th November 2012.

Port boundary

2.—(1) For the purposes of regulation 3(2)(a) the Port Security Regulations 2009(1) the boundary of the Port of Aberdeen is delineated by the red line on the plan in Schedule 1.

(2) Where the boundary runs along a beach or foreshore, the port only includes the land on that beach or foreshore which is below the level of mean high water springs.

The Aberdeen Port Security Authority

3.—(1) For the purposes of the Port Security Regulations 2009, the Aberdeen Port Security Authority is designated as the port security authority for the port of Aberdeen.

(2) Schedule 2 has effect with respect to the Aberdeen Port Security Authority.

Review

4.—(1) The Secretary of State must from time to time—

(a)carry out a review of this Order,

(b)set out the conclusions of the review in a report, and

(c)publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Directive 2005/65/EC of the European Parliament and of the Council of 26th October 2005 (which is implemented by means of the Port Security Regulations 2009(2)) is implemented in other member States.

(3) The report must in particular—

(a)set out the objectives intended to be achieved by the regulatory system established by those Regulations and this Order,

(b)assess the extent to which those objectives are achieved, and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this article must be published before 1st January 2014.

(5) Reports under this article are afterwards to be published at intervals not exceeding five years.

Signed by authority of the Secretary of State for Transport

Stephen Hammond

Parliamentary Under Secretary of State

Department for Transport

15th October 2012