The Port Security (Ports of Liverpool and the Manchester Ship Canal) Designation Order 2013

• Citation: S.I. 2013/2181
• Sections: 5

Section 1 Citation and commencement

This Order may be cited as the Port Security (Ports of Liverpool and the Manchester Ship Canal) Designation Order 2013 and comes into force on 3rd October 2013.

Section 2 Port boundary: Liverpool

(1) For the purposes of regulation 3(2)(a) of the Port Security Regulations 2009 , the boundary of the Port of Liverpool is identified as follows.

(2) The boundary is generally shown by the inner edge of the red line on the plan in Part 1 of Schedule 1.

(3) As to the inland limits of the boundary—

(a) the boundary, so far as not included in the rectangles referred to in paragraph (4), runs along the beaches and foreshores on either side of the River Mersey up to Warrington Bridge; and

(b) the boundary crosses the river along the seaward edge of Warrington Bridge.

(4) As to the parts of the boundary included in the rectangles edged in black and marked “A”, “B” and “C” on the plan in Part 1 of Schedule 1, the boundary is more particularly shown by the seaward edges of the red lines on each of the corresponding inset plans, in Part 2 of Schedule 1, headed respectively “Inset Plan A–Liverpool”, “Inset Plan B–Birkenhead” and “Inset Plan C–Tranmere Oil Terminal”.

(5) As to the seaward limits of the boundary, the boundary is more particularly shown by the lines drawn between the co-ordinates on the plan in Part 3 of Schedule 1.

(6) Where the red line runs along a beach or foreshore, the boundary runs along the edge of the land on that beach or foreshore which is below the level of mean high water springs.

Section 3 Port boundary: the Manchester Ship Canal

For the purposes of regulation 3(2)(a) of the Port Security Regulations 2009, the boundary of the Port of the Manchester Ship Canal is the same as the boundary of the Manchester Ship Canal, except that, for the areas shown on the plans headed—

(a) “Eastham Locks”,

(b) “Partington Basin North and Partington Jetty”, and

(c) “Stanlow Oil Terminal”,

in Schedule 2, the boundary is shown by the waterward edges of the red lines on each of those plans.

Section 4 The Liverpool and Manchester Ship Canal Port Security Authority Limited

(1) For the purposes of the Port Security Regulations 2009, The Liverpool and Manchester Ship Canal Port Security Authority Limited (company number 08652323), a company limited by guarantee (“the Authority”), is designated as the port security authority for the ports of Liverpool and the Manchester Ship Canal.

(2) The Authority is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and its property is not to be regarded as property of, or held on behalf of, the Crown.

Section 5 Review

(1) The Secretary of State must from time to time—

(a) carry out a review of this Order,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Directive 2005/65/EC of the European Parliament and of the Council of 26th October 2005 (which is implemented by means of the Port Security Regulations 2009 ) is implemented in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by those Regulations and this Order,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this article must be published before 3rd October 2018.

(5) Reports under this article are afterwards to be published at intervals not exceeding five years.