Public Consultation on the Port Security Regulations 2008

Closing date: 11 July 2008

Public consultation on the Port Security Regulations 2008

These draft regulations and associated consultation papers represent the UK Governments approach to transposing the EC Directive 65/2005 on enhancing port security. The approach takes into account mature security initiatives that pre-exist in the UK port industry, and seeks to meet the requirements of the Directive by developing current structures in a multi-agency context.

Published:: 18 April 2008

Draft statutory instrument (175 kb)

Draft statutory instrument for port regulations 2008.

Published:: 18 April 2008

Annex A - Transposition and existing legislation of directive 2005/65/EC on enhancing port security

Transposition table setting out which provisions of the draft port security regulations 2008 correspond to requirements of the EC directive 65/2005 on enhancing port security.

Published:: 18 April 2008

Annex B - List of consultees

A list of the organisations and groups to whom the consultation papers have been referred for comment.

Published:: 18 April 2008

Annex C - Impact assesment (104 kb)

Consultation stage impact assessment: at the point of consultation the precise impact of the proposed legislation is unknown, however such assumptions as can be made are set out in this document. The consultation exercise will inform the department so that a final impact assessment for the port security regulations 2008 can be prepared.

Published:: 18 April 2008

Annex D - Table of directive requirments and measures already in place or under development

The UK has a mature and established maritime security regime, so many of the requirements of the EC Directive 65/2005 are already at least partially in place. This table sets out the factors that have been taken into account in devising the transposition in order to minimise the burden to the industry.

Published:: 18 April 2008

Annex E - “Utopian” port security directive structure for UK

A "Utopian" structure of port facilities, ports, port security authorities, and affiliated police strategic partnerships for the UK. Simply for the purposes of illustration, it demonstrates that the directive concerns a more strategic and integrated approach than the ISPS Code. The actual structure will be determined by individual designation orders for each port during which stakeholders will be engaged with directly to determine the optimum solution for their circumstances.

Published:: 18 April 2008

Annex F - Structural options considered for UK port security authorities

A summary of the various structural options considered by the department for transposing the directive. These range from a a model whereby there is a single port security authority for the entire UK to a model where all 600 existing ISPS port facilities had complete autocracy.

Published:: 18 April 2008

Annex G - "MATRA" port security assesment risk register (23 kb)

An example of a page from a MATRA (multi agency threat risk assessment) register, with some example threats and assessment reasoning. The examples are for illustrative purposes only and do not represent any actual ports, threats or vulnerabilities.

Published:: 18 April 2008

Annex H - Example port security plan template (73 kb)

A simplistic example of a port security plan for a fictitious port. The plan is intended to be a co ordinating document and consequently has little specific detail and is intended to be brief. Actual procedures and measures are detailed in the respective documents to which it refers.

Published:: 18 April 2008

Annex I - Draft port related area security plan (143 kb)

The port security directive introduces a concept of port related area. If port related areas are to be designated, a site security plan will be required. The example given is loosely based on the departments requirements for land transport security under ADR/RID regulations, and indicative of the sort of arrangements a PRA might require.

Published:: 18 April 2008

Annex J - Functions of a RSO under the EC Directive and EC Regulation

A comparative table of functions that may be undertaken by a recognised security organisation under the EC regulation 725/2004 and the EC Directive 65/2005. Although the UK does not currently utilise recognised security organisations this policy is under review and the transposing regualtions cater for this.

Published:: 18 April 2008

Annex K - Eligibility criteria for RSO under EC Directive and EC Regulation

A comparative table of the eligibility criteria that must be satisfied to qualify for RSO status, for the EC regulation and the EC Directive.

Published:: 18 April 2008

Annex L - Post-designation order activity timeline (28 kb)

A timeline of activities for a port after a designation order has been made to attain full compliance with the regulations. A straight forward process that takes the longest period of time allowed, but passes each stage without problems could take just over 21 months.

Published:: 18 April 2008

Annex M - Table of offences

A table showing all the offences and penalties created by the draft regulations. Some are compliance offences and only apply to the regulated parts of the industry, others are criminal offences that could apply to anyone.

Published:: 18 April 2008

Annex N - Consultation response form (50 kb)

The departments standard consultation response form. Please use this to respond and comment on the consultation, referring to any relevant questions that have been posed. Additional pages can be added if required.

Published:: 18 April 2008

Annex O - Frequently Asked Questions

Frequently asked questions. These are questions that have arisen, largely from the regulated industry, during the period of policy development.

Published:: 18 April 2008

Annex P - Draft designation order (36 kb)

An example of a port security designation order. This document will be the legislation that makes specific designations in relation to each port. As legislation in its own right, each order will undergo a rigourous period of consultation with the stakeholders directly concerned. The designation order allows a flexible and pragatic application of the port security directive that is sensible to local circumstances.

Published:: 18 April 2008

Annex Q - Consultation questions

Published:: 18 April 2008

Annex R - List of all UK sea ports with UN location codes (337 kb)

A list of UK sea ports that have a unique United Nations location code allocated to them. UN location codes will be the start point for identifying "ports" for the purposes of the EC directive, and will be the basis of discussion around what should be included in a designation order.

Published:: 18 April 2008

Annex S - Model Procedural Rules

The directive requires port security authorities to be established. The department is leaving PSAs free to determine their own rules of procedure and constitutions, however a set of model procedural rules have been prepared as a start point for PSAs to use in the absence of an alternative.

Published:: 18 April 2008

Annex T - Draft amendment to Chapter 3 - Port facility security instructions

With the advent of port security authorities, the current port security committees will cease to be a mandatory requirement. Port facilities may continue with their own internal security committees as part of their own security awareness strategy if they wish. The port facility security instructions that currently mandate committees will need to be amended, and this annex is a draft amendment.

Published:: 18 April 2008

Annex U - Draft amendment to section 1 - Port facility security plan template (73 kb)

As port security committees will cease to be a mandatory requirement, and representation on a port security authority will be necessary, all existing port facility security plans will require a minor amendment to reflect this change. This annex is a draft amendment to the standard plan template.

Published:: 18 April 2008

Annex V - Diagram of current police strategic partnership areas (224 kb)

The directive requires both cooperation with other government security agencies, and integration with other emergency/response plans. The vehicle for dialogue with, and access to, government security officials at a local level to ports is intended to be via the police strategic partnerships that are being established throughout the UK. This diagram shows the current plans for these partnerships.

Published:: 18 April 2008

Public Consultation on the Port Security Regulations 2008

Consultations