Economic Development Department
The Community Provisions (Ship and Port Facility – Security) (Jersey) Regulations 2004.
The Issue
A small change (detailed below) has been made to certain UK legislation. A similar change has now been drafted to amend Jersey’s comparable legislation.
Background
The Regulations came into force in July 2004 and follow on directly from changes to the Safety of Life at Sea Convention which were made as a result of the terrorist attacks in the USA on 11 September 2001. They form a vital part of the legislation used to manage not only security at Island ports but also for ships at sea in Jersey waters.
The United Kingdom’s Parliamentary Joint Committee on Statutory Instruments made a recommendation in its 25th Report that certain errors needed correcting in the UK’s equivalent legislation. These changes have now been via the Ship and Port Facility (Security) (Amendment) Regulations 2005 (SI 2005 No. 1434). It is the advice of the Law Officers that one of these changes, concerning the reasoning where a person may wish to object to an enforcement notice, should also be made to the Jersey Regulations.
As a result, a Ministerial Decision was taken in September 2006 to ask the Law Draftsman to prepare amending Regulations.
Other amendments may in time also be necessary to cover electronic communications. However, the Law Officers’ advice is not yet available on that matter.
Detail of the Change
The current legislation states:
20 Objections to enforcement notices
(1) ……….
(2) The grounds of objection to an enforcement notice are –
(a) ……………..
(b) that the steps required by the notice to be taken do not constitute a failure to comply with the requirements as specified in Regulation 17;
(c) etc ………
The amendment redrafts Regulation 20(2) to be more readable and less capable of being misconstrued, as follows:
20 Objections to enforcement notices
(1) …….
(2) The grounds of objection to an enforcement notice are –
(a) ……………..
(b) that the matters stated in the enforcement notice in accordance with Regulation 18(1) do not constitute a failure to comply with the requirements specified in Regulation 17;
(c) etc ………
Recommendation
The Minister is asked to approve the lodging of the attached draft Regulations au Greffe, for the amendment to be debated in the States.
PGH Baker
Maritime Compliance Manager
17 Aug 2007