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.