The Maritime Security (Jersey) Order 2014

• Citation: S.I. 2014/265
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Maritime Security (Jersey) Order 2014 and shall come into force on the seventh day after the day on which it is registered by the Royal Court of Jersey.

(2) In this Order—

“the 1990 Act ” means the Aviation and Maritime Security Act 1990 as amended by the Merchant Shipping and Maritime Security Act 1997 and by the British Overseas Territories Act 2002 ;

“ Jersey ” means the Bailiwick of Jersey.

(3) The Interpretation (Jersey) Law 1954 shall apply to this Order as though it were an enactment within the meaning of that Law.

Section 2 Extension and modification

(1) Sections 9 to 43, 45 to 46 and 50 of, and Schedule 2 to, the 1990 Act shall extend to Jersey subject to the exceptions, adaptations and modifications specified in the right hand column of the Schedule to this Order.

(2) For the purpose of construing the provisions of the 1990 Act, as extended by this Order as part of the law of Jersey, any reference to an enactment which extends to Jersey shall, except where a contrary intention appears, be construed as a reference to that enactment as it has effect in Jersey.

Section 3 Revocation of the Maritime Security (Jersey) Order 1996

The Maritime Security (Jersey) Order 1996 is revoked.

Section 7

(1) Any dispute arising under the principal section or under this Schedule, whether as to the right to any compensation or as to the amount of any compensation, or otherwise, shall be referred to and determined by two arbitrators, one of whom shall be appointed by the Minister and the other by the person claiming the compensation save that, if an arbitrator is not appointed by the person claiming compensation, then he shall be nominated by the Minister and any arbitrator so nominated shall be deemed to be the arbitrator appointed by the person claiming the compensation.

(2) Arbitrators appointed under sub-paragraph (1) above shall, before commencing to determine any matter referred to them under this paragraph, nominate an umpire who shall determine the matter if the arbitrators disagree.

(3) The arbitrators or umpire, as the case may be, may refer to the Royal Court any question of law or of law mixed with fact arising in connection with any matter referred to them or him in such manner and within such time as may be prescribed by rules of court.

(4) Subject to sub-paragraph (3) above, the decision of the arbitrators or of the umpire, as the case may be, shall be final.

Section 10

In this Schedule “mortgage” includes any charge or lien on any property for securing money or money’s worth, and any hypothec (hypothèque).

Section 16 Prosecution of offences and proceedings

Proceedings for an offence under any provision of this Part of this Act shall not be instituted except by, or with the consent of, Her Majesty’s Attorney General for Jersey.

Section 20 Designation of restricted zones of harbour areas

(1) The Minister may designate the whole or any part of a harbour area as a restricted zone for the purposes of this Part of this Act.

(2) A harbour operator may, and shall if so requested in writing by the Minister, apply to the Minister for the designation of the whole or any part of the operating area as a restricted zone for the purposes of this Part of this Act.

(3) An application under subsection (2) above shall be in such form, and accompanied by such plans, as the Minister may require.

(4) If the Minister approves an application under subsection (2) above with or without modifications, he shall designate the restricted zone accordingly.

(5) Before approving an application with modifications, the Minister shall consult the applicant.

(6) If a person is requested in writing by the Minister to make an application under subsection (2) above within a specified period but fails to do so within that period, the Minister may designate the whole or any part of the harbour area or, as the case may be, of the operating area as a restricted zone.

(7) The whole or any part of a harbour area or, as the case may be, of an operating area may be designated as a restricted zone, or part of a restricted zone, for specified days or times of day only.

(8) The Minister shall give notice to the person who made, or was requested to make, the application of any designation under this section and the designation of the restricted zone shall take effect on the giving of the notice.

(9) Where the whole or any part of a harbour area or, as the case may be, of an operating area has been designated under this section as a restricted zone—

(a) subsections (1) to (8) above also have effect in relation to any variation of the designation, and

(b) the designation may at any time be revoked by the Minister.

(10) In this Part of this Act “harbour operator” means a person who—

(a) carries on harbour operations in a harbour area, and

(b) is designated for the purposes of this Part by a direction in writing made by the Minister;

and “operating area” means, in relation to that person, so much of the harbour area as is under his control.

(11) A direction under subsection (10) above may be revoked by a subsequent direction.

Section 36A Maritime security services: approved providers

(1) In this section “maritime security service” means a process or activity carried out for the purpose of—

(a) complying with a requirement of a direction under any of sections 21 to 24, or

(b) facilitating a person’s compliance with a requirement of a direction under any of those sections.

(2) The Minister may make an Order under this section.

(3) An Order under this section may provide for the Minister to maintain a list of persons who are approved by him for the provision of a particular maritime security service.

(4) An Order under this section may—

(a) prohibit the provision of a maritime security service by a person who is not listed in respect of that service;

(b) prohibit the use or engagement for the provision of a maritime security service of a person who is not listed in respect of that service;

(c) create a criminal offence;

(d) make provision about application for inclusion in the list (including provision about fees);

(e) make provision about the duration and renewal of entries on the list (including provision about fees);

(f) make provision about training or qualifications which persons who apply to be listed or who are listed are required to undergo or possess;

(g) make provision about removal from the list which shall include provision for appeal;

(h) make provision about the inspection of activities carried out by listed persons;

(i) confer functions on the Minister or on a specified person;

(j) confer jurisdiction on a court.

(5) An Order under subsection (4)(c)—

(a) may not provide for a penalty on conviction greater than a fine not exceeding level 4 on the standard scale, or imprisonment for a term not exceeding two years (or both); and

(b) may create a criminal offence of purporting, with intent to deceive, to do something as a listed person or of doing something, with intent to deceive, which purports to be done by a listed person.

(6) In subsection (5) above “the standard scale” means the standard scale of fines for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993.

(7) A direction under any of sections 21 to 24 may—

(a) include a requirement to use a listed person for the provision of a maritime security service;

(b) provide for all or part of the direction not to apply or to apply with modified effect where a listed person provides a maritime security service.

(8) An Order under this section—

(a) may make different provision for different cases,

(b) may include incidental, supplemental or transitional provision, and

(c) shall not be made unless the Minister has consulted organisations appearing to him to represent persons affected by the Order.

(9) The Subordinate Legislation (Jersey) Law 1960 shall apply to Orders made by the Minister under this section.