PART 4General Requirements

Monitoring of port security plans22

1

For the purpose of verifying that a port security plan is being implemented in accordance with these Regulations, a transport security inspector, may, on production (if required) of their credentials, inspect—

a

any part of a port;

b

any land, building or works within a port; and

c

any vehicle, vessel, train or freight container in a port.

2

A transport security inspector carrying out an inspection under paragraph (1) may, so far as he or she considers necessary for the purpose for which the inspection is carried out—

a

subject any part of the port or any property found by that inspector there or on such land or in that building or in those works, to tests;

b

subject any vehicle, vessel, train or freight container, or any apparatus or equipment installed in it, to tests;

c

take steps—

i

to ascertain what practices or procedures are being followed in relation to security; and

ii

to test the effectiveness or any practice or procedure relating to security;

d

require—

i

the Port Security Authority,

ii

the port security officer,

iii

the port facility security officer or the owner of the port facility security plan of a port facility in the port,

iv

the directed party of an AMSA facility in the port,

v

the security manager of a port related area,

vi

any person whose place of work is in the port, or

vii

any person acting on behalf of any of the persons listed in sub-paragraphs (i) to (vi),

to furnish that inspector with information.

3

Subject to paragraphs (4) and (5), a transport security inspector may, for the purpose of exercising any power conferred on that inspector by paragraph (1) or (2), enter any land, building or works in a port.

4

The powers conferred by paragraph (3) do not include power for a transport security inspector to use force for the purpose of entering any land, building or works.

5

The powers conferred by paragraphs (1) to (3) do not apply in the case of premises used only as a private dwelling.

6

For the purpose of this regulation “freight container” means an article of transport equipment which is—

a

of a permanent character and accordingly strong enough for repeated use,

b

designed to facilitate the transport of goods by one or more modes of transport without intermediate reloading,

c

designed to be secured or readily handled or both, having corner fittings for these purposes, and

d

of a size such that the area enclosed by the outer bottom corners is either—

i

if the container is fitted with top corner fittings, at least 7 square metres, or

ii

in any other case, at least 14 square metres,

and includes a container when carried on a chassis but does not include a vehicle or packaging, or any article of transport equipment designed solely for use in air transport, or a swap body except when it is carried by or on board a sea-going ship and is not mounted on a road vehicle or rail wagon.