The Port Security (Ports of Cardiff, Barry and Newport) Designation Order 2013

Citation and commencement

1.  This Order may be cited as the Port Security (Ports of Cardiff, Barry and Newport) Designation Order 2013 and comes into force on 20th January 2014.

Port boundary: Cardiff

2.—(1) For the purposes of the definition of “port” in regulation 2 of the Port Security Regulations 2009(1), the boundary of the Port of Cardiff is defined as follows.

(2) The boundary is generally shown by the inner edge of the red line on the plan in Part 1 of Schedule 1.

(3) As to the part of the boundary included in the rectangle marked “Inset” on that plan, the boundary is more particularly shown by the inner edge of the red line on the corresponding inset plan in Part 2 of Schedule 1.

(4) Where the red line runs along a beach or foreshore, the boundary runs along the edge of the land on that beach or foreshore which is below the level of mean high water springs.

Port boundary: Barry

3.—(1) For the purposes of the definition of “port” in regulation 2 of the Port Security Regulations 2009(2), the boundary of the Port of Barry is defined as follows.

(2) The boundary is generally shown by the inner edge of the red line on the plan in Part 1 of Schedule 2.

(3) As to the part of the boundary included in the rectangle marked “Inset” on that plan, the boundary is more particularly shown by the inner edge of the red line on the corresponding inset plan in Part 2 of Schedule 2.

(4) Where the red line runs along a beach or foreshore, the boundary runs along the edge of the land on that beach or foreshore which is below the level of mean high water springs.

Port boundary: Newport

4.—(1) For the purposes of the definition of “port” in regulation 2 of the Port Security Regulations 2009, the boundary of the Port of Newport is defined as follows.

(2) The boundary is generally shown by the inner edge of the red line on the plan in Part 1 of Schedule 3.

(3) As to the parts of the boundary included in the rectangles marked “Inset 1” and “Inset 2” on the plan in Part 1 of Schedule 3—

(a) the boundary is more particularly shown by the red lines on each of the corresponding inset plans, in Part 2 of Schedule 3, headed respectively “Newport–Inset Plan 1” and “Newport–Inset Plan 2”; and

(b) on Newport–Inset Plan 2, the area hatched lilac is outside the boundary.

(4) Where the red line runs along a beach or foreshore, the boundary runs along the edge of the land on that beach or foreshore which is below the level of mean high water springs.

The Cardiff, Barry and Newport Port Security Authority

5.—(1) For the purposes of the Port Security Regulations 2009, the Cardiff, Barry and Newport Port Security Authority is designated as the port security authority for the ports of Cardiff, Barry and Newport.

(2) Schedule 4 has effect with respect to the Cardiff, Barry and Newport Port Security Authority.

Review

6.—(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) 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 20th January 2019.

(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

13th December 2013