Updating of Maritime, Ship and Port Security Legislation.

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A decision made (25/09/2006) regarding Updating of Maritime, Ship and Port Security Legislation.

Subject:	Up-dating Maritime, Ship and Port Security Legislation
Decision Reference:	MD-E-2006-0157		Exempt clause(s):	None
Type of Report: (oral or written)	written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?			Report File ref:
Written report – Title	The Maritime Security (Jersey) Order 1996 and the Community Provisions (Ship and Port Facility – Security) (Jersey) Regulations 2004.
Written report – Author (name and job title)	Piers Baker – Maritime Compliance Manager
Decision(s): To request the Law Officers to initiate amendments to the Order in Council that currently applies the Aviation and Maritime Security Act 1990 to the Island; To request the Law Draftsman to proceed with the recommended change to the Community Provisions (Ship and Port Facility – Security) Regulations; To request advice from the Law Officers on how best to take account of the changes being brought in under the UK’s Transport Security (Electronic Communications) Order 2006 (SI 2006 No. 2190.
Reason(s) for decision: To maintain up-to-date maritime security legislation as a result of (1) the Shipping (Jersey) Law 2002, (2) the UK Transport Security (Electronic Communications) Order 2006 (SI 2006 No. 2190) and (3) UK Ship and Port Facility (Security) (Amendment) Regulations 2005 (SI 2005 No. 1434).
Action required: Following the Ministerial Decision, the Compliance Manager will request the Law Officers and Law Draftsman to proceed. These matters have been already discussed with them. There are no new financial or human resources issues arising.
Signature: Deputy Alan J. Maclean (Assistant Minister)		Date of Decision: 25 September 2006

Updating of Maritime, Ship and Port Security Legislation.

Economic Development Department

The Maritime Security ( Jersey ) Order 1996 and the Community Provisions (Ship and Port Facility – Security) ( Jersey ) Regulations 2004.

The Issue

Changes have been made to UK legislation. This Paper seeks to progress similar changes in Jersey.

Background

The Order is an Order in Council and extended the application of the UK Aviation and Maritime Security Act 1990 to the Island. It is an important part of the legislation used to manage security at Island ports.

The Regulations came into force in July 2004 and follow 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.

The Maritime Security ( Jersey ) Order 1996

A. As a result of the introduction of the Shipping (Jersey) Law 2002, in June 2004, various amendments are needed to bring this Order up-to-date. These amendments will ensure that the Order refers correctly to the Shipping Law 2002 and not to repealed legislation. Advice received from the Law Officers in December 2005 was that this should proceed by application to the UK’s Department for Constitutional Affairs, once the Minister for Economic Development gave his approval. Details of these matters are listed below.

B. Further changes may also be needed following the making of the UK Transport Security (Electronic Communications) Order 2006 (SI 2006 No. 2190). This comes into force on 30 September 2006. These changes will sanction the use of electronic communications and arise from the need for fast and reliable security communications in the transport industry. The SI showing details of these matters is attached.

Community Provisions (Ship and Port Facility – Security) ( Jersey ) Regulations 2004

C. Changes were made to the UK’s equivalent legislation 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 (under UK Regulation 2(5) and concerning the reasoning where a person may wish to object to an enforcement notice), should also be made to the Jersey Regulations.

D. Additionally, the UK Transport Security (Electronic Communications) Order 2006 (SI 2006 No. 2190) comes into force on 30 September 2006. These sanction the use of electronic communications and arise from the need for fast and reliable security communications in the transport industry. They amend in Regulation 20 (Service of Documents) of the UK’s 2004 Regulations (SI 2004 No. 1495).

It does not appear that there is an equivalent Regulation in force under the Jersey Regulations and advice will be needed as to how to proceed here.

Recommendation

The Minister is asked to approve Law Officer and Law Draftsman actions as follows:

A and B (above)

To request the Law Officers to initiate the appropriate actions with the Department for Constitutional Affairs for amending the Order in Council that currently applies the Aviation and Maritime Security Act 1990 to the Island:

(1) With regard to changes needed as a result of the coming into force of the Shipping (Jersey) Law 2002;

(2) With regard to the UK Transport Security (Electronic Communications) Order 2006 (SI 2006 No. 2190).

C (above)

To request the Law Draftsman to proceed with the recommended change to the Community Provisions (Ship and Port Facility – Security) Regulations brought about by Regulation 2(5) of the UK Ship and Port Facility (Security) (Amendment) Regulations 2005 (SI 2005 No. 1434).

D (above)

To request advice from the Law Officers on how best to take account of the changes being brought in under the UK’s Transport Security (Electronic Communications) Order 2006 (SI 2006 No. 2190), either within the Community Provisions (Ship and Port Facility – Security) Regulations or otherwise.

Maritime Compliance Manager

4 September 2006

Amendments

The Maritime Security ( Jersey ) Order 1996

A. Amendments arising from the introduction of the Shipping (Jersey) Law 2002:

S 35(4) – the reference to section 692 of the UK Merchant Shipping Act 1894 needs replacing by a reference to article 177 of the Shipping (Jersey) Law 2002.

S 45 7(a) - the reference to section 59(1) of the UK Merchant Shipping Act 1894 needs replacing by a reference to the registration regulations.

S 45 (10)(a), (b) and (c) - the references to Part I of the UK Merchant Shipping Act 1894, section 5 of the Merchant Shipping Act 1983 etc. and the reference to Part IV of the UK Merchant Shipping Act 1894 all need replacing by a single reference to Part 3 of the Shipping (Jersey) Law 2002.

S 46 (1) – the definition of a British Ship needs to be changed to read: “(a) is registered in Jersey under Part 3 of the Shipping (Jersey) Law 2002; or (b) is not registered under the law of any country and is entitled to be registered in Jersey under Part 3 of the Shipping (Jersey) Law 2002.”

S 46 (1) – the definition of a master needs to be changed to read: “master” has the same meaning as in the Shipping (Jersey) Law 2002.

B. Amendments arising from the UK Transport Security (Electronic Communications) Order 2006 (SI 2006 No. 2190)

It is believed that Articles 4 and 5 of the UK Order should apply so as to amend the Jersey Order.

Community Provisions (Ship and Port Facility – Security) ( Jersey ) Regulations 2004

C. Amendment following the Ship and Port Facility (Security) (Amendment) Regulations 2005 (SI 2005 No. 1434

Regulation 2(5) of the UK SI amends regulation 16(2) of the 2004 Regulations by revising the reasoning where a person may wish to object to an enforcement notice. The Jersey Regulation is 20(2)(b) and should be amended likewise.

D. Amendments following the UK Transport Security (Electronic Communications) Order 2006 (SI 2006 No. 2190)

- To be advised by the Law Officers.

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