S.L. 499.35 Art. 43Powers and duties of the Authority to require screening and searching.

(1) The designated authority may, if it believes on reasonable grounds that there is a risk of a security incident occurring, direct -

(a) to screen -

(i) any person boarding a ship;

(ii) any thing to be carried by a ship;

(iii) any thing in a port security area; and

(iv) any person including that person’s personal effects or vehicle entering, or within, a port security area; and

(b) if necessary, to undertake reasonable searches of -

(i) any person boarding a ship; or

(ii) any thing to be carried by a ship; or

(iii) any thing in a port security area; or

(iv) any person including that person’s personal effects or vehicle entering, or within, a port security area; or

(v) any ship or class of ship; or

(vi) any port facility or class of port facility.

(2) The written notice must specify -

(a) which of the screenings under subregulation (1)(a) and which of the searches under subregulation (1)(b) are part of the Authority’s directive;

(b) the permitted extent of those screenings and searches; and

(c) the duration of the direction.

(3) Before giving a directive under subregulation (1), the designated authority must, to determine whether the directive is necessary to meet the risk of a security incident, consult, as the designated authority in each case considers appropriate -

(a) the Maritime Security Committee; and

(b) representative groups in the maritime industry, government departments, and entities.

(4) If a search is conducted under a directive issued according to this regulation, by an authorised person who is not a member of the police, that authorised person may request to be accompanied by a member of the police.