This is an important piece of legislation for stakeholders by which I mean
operators of UK Port Facilities operating under the International Ship and
Port (facility) Security Code. It creates another layer of security together with
specific offences, including powers of arrest for security personnel (under
Attached to this document is a copy of the Statutory Instrument however
below is a brief précis of the main points of the Regulations.
The Regulations create a 'Designation Order' which is effectively identifying
the boundary of the port and a new body will be formed called the 'Port
Security Authority' for each 'Port'. This Authority will be a body corporate and
will be made up mainly of the existing Port Facility Security Officers who will
meet twice yearly.
The Authority will not have enforcement powers but are under a duty to notify
the Secretary of State if they have reason to believe that a provision of the
port security plan is not being implemented.
Once it is formed the 'Port Security Authority' will appoint a 'Port Security
Officer' (PSO) for each Port Security Authority.
Three months after the formation of the 'Port Security Authority' they will
submit a request to the Secretary of State for approval of the method they
intend to adopt to conduct the 'Port Security Assessment' of the port using
MATRA (Multi Agency Threat and Risk Assessment).
Following approval of the methodology the 'Port Security Authority' will then
have 12 months to prepare and gain approval of their 'Port Security Plan'.
The process is very similar to your own facilities with the 'Port Facility Security
Assessment' followed by the process of submitting your ?Port Facility Security
Plan? to DfT Transport Security for approval.
The Regulations will create compliance offences for failure to meet the
terms of an 'Enforcement Notice' that is issued by DfT Transport Security
The Regulations also propose the criminalisation of obstructing or
impersonating a Transport Security Inspector.
New offences of carrying prohibited items into a 'Restricted Area'
or 'Controlled Building' are also proposed by the Regulations together
with making false statements regarding baggage, cargo or identification
There is also a new offence of interfering with security measures, for example
a person tampering with the CCTV systems.
Probably of most interest to you however will be Regulation 25 that
establishes a power to search. At present it is searching by consent of
persons wishing to enter the port facilities, however the new regulation
creates the power to exclude the person refusing to be searched from the
property and in addition where the ?Relevant Person? has reasonable cause
to suspect that a ?Prohibited Article? is or may be, brought into a 'Restricted
Area' the 'Relevant Person' may detain that person as long as is necessary
to complete the search and to use force, if necessary to enter any building or
land in the restricted area to effect the search.
The regulation goes on to give power to confiscate the 'Prohibited Article' and
detain the person in whose possession the 'Prohibited Article' is found until
the police arrive. This will be using the amended arrest powers under Police
And Criminal Evidence Act 1984 Sections 24 and 24a as amended by section
110 of the Serious Organised Crime and Police Act 2005.
Relevant person includes Police, Boarder and Immigration Agency and the
regulated party who is a member of the Port Security Authority or anybody
working on their behalf.
This would extend the power to port security staff either directly employed
('in house' security) or contract security. You need to consider how you will
update your security staff when these Regulations are adopted in your Port.
The proposed new power provides that the 'Relevant Person' who has
reasonable cause to suspect that a 'Prohibited Article' is in, or may be brought
into a 'Controlled Building' or 'Restricted Area' to search without warrant any
part of the ?Controlled Building? or 'Restricted Area' or any property or vehicle
or goods or person who is in any part of the 'Controlled Building' or ?Restricted
Although it is suggested that there will continue to be a regime of searching
by consent new signage will be required identifying the new power under
Also there is a recommendation that there will in future be a requirement to
have a minimum of 4 people available to participate in searching activity, 2
male and 2 female!
PLEASE REMEMBER this law has now passed onto the statute books BUT
it there MUST be a designation order for your port signed by the Secretary of
State before the new legislation comes into effect in your port.