Annex O - Frequently Asked Questions
Why do we need these Regulations?
These regulations are needed in order to transpose into UK law the provisions of EC Directive 2005/65 on enhancing port security. The Government is required to make these Regulations in order to fulfil Treaty obligations with the European Community.
To who or what will these Regulations apply?
The Regulations apply to a port (a) in which a port facility under EC Regulation 275/2004 is situated, and (b) whose boundary has been identified by the Secretary of State in a separate Order and that the Regulations will only fully apply once the appropriate designation Order has been made.
Are leisure and recreational facilities affected by the Directive?
No. The Directive only applies to "commercial maritime transport operations", and only in so far as they are linked or associated with ISPS compliant facilities. It is not the intention of the Department to broaden the scope of the EC regulation to other types of business or amenities, even if they are located in ports.
Will there be Port Security Authorities and Port Security Committees in the future?
The Deaprtment will not be mandating Port Security Committees in the way that it did for the EC regulation implementation. The PFSIs will be amended to reflect this. It will be a matter for Port Facilities or Ports themselves as to whether they want to continue with committees for the local communication and administration of security matters. The Port Security Authroity meetings wil be mandated by law.
What is the difference between a “port” and a “port facility”?
The Directive defines 'port' as being "…any specified area of land and water, with boundaries defined by the Member State in which the port is situated, containing works and equipment designed to facilitate commercial maritime transport operations" which is an impractically broad definition. As a start point, the Department is using the internationally recognised United Nations Port location codes to open dialogue as to what should be designated as a port for the purposes of the Directive.
The Directive defines 'port facility' as being "‘port facility’ means a location where the ship/port interface takes place; this includes areas such as anchorages, waiting berths and approaches from seaward, as appropriate" which is the same definition as in the EC Regulation. Port Facilities are already identified in the UK and each has its own Port facility Security Plan, but in most cases a “port” is a much wider area containing a number of often otherwise independent “port facilities”.
What is a Port Security Authority?
Port Security Authority will be a body who has been designated by the Secretary of State for Transport in a separate piece of legislation- a “Designation Order”. The Port Security Authorities will be made up of members who will be appointed by the Secretary of State. Members will be people in the port who are responsible for security and are already regulated by the Secretary of State.
What powers will a Port Security Authority have?
Port Security Authorities will not have any enforcement powers themselves, but will have the ability to report non-cooperation to TRANSEC, and escalate disagreements for arbitration. There will also be an appeal mechanism against decisions of the Authorities. Their principal means of influencing security in a port will be through the risk register and action log of the port security assessment, which may recommend changes in practice and perhaps amendments to existing approved security plans. They will have an ability to recover their running costs and expenses form the constituent members.
How many Port Security Authorities will there be?
All ports will be consulted on their own designation Order so we can not at this stage dictate exactly how many Port Security Authorities there will be. We are recommending that as a start point for discussion a “port” will only be considered as a port if it is internationally recognised as such and has an official United Nations designation code. There are currently 153 such ports in the UK, but a Port Security Authroity may cover more than one port.
Does every Port have to have a Port Security Authority?
Yes, but that does not necessarily mean that every port must have its own port security authority; A port security authority can be shared by more than one port.
What will a Port Security Authority responsible for?
A port security Authority will be responsible for carrying out a port security assessment, and for the preparation, maintenance and implementation of the port security plan. The Port Security Authority will also be responsible for appointing port security officers.
Who will be the Port Security Officer?
The Port Security Officer will be a person, appointed by the Port Security Authority as the contact point for port security related issues. Ideally they will be a PFSO or someone else with considerable maritime security experience, and a good understanding of ISPS. A port security officer can theoretically be PSO for more than one Port, but it is anticipated that each Port will have its own PSO.
We already have a Port Facility Security Plan, why do we need a Port Security Plan?
Your Port Facility Security Plan applies to a small part of the Port and mostly addresses internal security matters. Counter Terrorism Security effects the wider port area, and the EC Directive requires integration of your PFSP with other relevant documents at a more startegic level. The Port Security Plan will bring together all existing Port Facility Security Plans in the wider port and other security related emergency or response plans. The Port Security Plan will, where necessary, also detail measures for areas that are not currently covered by existing plans.
We have already had a Port Facility Security Assessment, why do we need another assessment?
The Port Security Assessment will be a security risk assessment of the entire port and take into consideration any adjacent areas. Unlike the Port Facility Security Assessments which where carried out in 2004 which were one off exercises and focussed mainly on individual port facilities, this will be an ongoing dynamic process of risk assessment, focussing on wider startegic issues with help from the police and Government agencies. The Port Security Authority will review the assessment at each meeting and maintain a risk register and action log for security matters.
Will commercial maritime transport operations that are not currently covered by ISPS be effected by the Directive?
The Directive only applies to ports that have one or more ISPS compliant facilities within them. The Department does not anticipate that many more sites will be found significant enough to extend a regulatory regime to, but in exceptional cases Directions can be served on Harbour operations under the Aviation & Maritime Security Act 1990 or a site could be designated as a “port related area” under the Port Security Regulations 2008. As part of the ISPS implementation the number of regulated sites went from around 80 to around 600, with many more being discounted as part of the local risk assessments. It is not expected that many more will be found relevant as a result of the Directive, but local Port Security Authorites will play a part in suggesting areas considered to be vulnerable.
Given that a PSA and PSO will be undertaking some security activity on behalf of other businesses, will this be licensable activity under the SIA regulations?
No. The SIA rules apply to the provsiion of contract security services. If security activity is undertaken under a specific contract to a third party it is licensable. The circumstances in which a PSA and PSO will be operating will not be deemed to be such a relationship.
