S.L. 499.35 ст. 4Interpretation.

In these regulations, unless the context otherwise requires:

"appropriate inspector" means an inspector appointed in terms of the Merchant Shipping Act;

"the Authority" means the Authority for Transport in Malta established in terms of the Authority for Transport in Malta Act; "authorised person" means:

(a) an officer acting on a direction of the Authority; or

(b) a member of the police; or

(c) a Customs officer; or

(d) a member of the Armed Forces of Malta; "the certificate" means a valid International Ship Security Certificate issued in terms of the Code, or a valid Interim International Ship Security Certificate issued in terms 19.4 of the Code; "clear grounds" are those grounds as defined in Part B of the Code; "the Code" means the International Code for the Security of Ships and of Port Facilities, as adopted, on the 12th December, 2002 by resolution 2 of the Conference of Contracting Governments to the Convention, and as may be amended by the International Maritime Organisation; "company" means the owner of the ship or any other organisation or person, such as the manager or the bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Safety Management Code; "the Convention" means the International Convention for the Safety of Life at Sea (SOLAS), as amended, in the International Convention for the Safety of Life at Sea (Ratification) Act; "customs officer" has the same meaning as is given in the Customs Ordinance; "declaration of security" means an agreement between a ship and a port facility, or another ship, with which it interfaces, that specifies the security measures each must implement; "designated authority" means the authority appointed under regulation 5, and the term "competent authority for maritime security" that appears in the EC regulation shall be construed accordingly;

"focal point for port security" means the body designated as the focal point for maritime security;

"focal point for maritime security" means the body designated under regulation 7;

"high-speed craft" has the same meaning as defined in regulation XII.2 of the Convention;

"in writing" means printed, typewritten, or otherwise visibly represented, copied, or reproduced, including by fax or email or other electronic means; "International Safety Management Code" means the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organisation by Resolution A.741 (18), as amended from time to time by the International Maritime Organisation; "maritime security" means the combination of preventive measures intended to protect shipping and port facilities against threats of intentional unlawful acts; "master" has the same meaning as in the Merchant Shipping Act;

"the Minister" means the Minister responsible for ports;

"mobile offshore drilling unit" means a mechanically propelled unit or vessel that is capable of engaging in drilling operations for the exploration for, or exploitation of, resources beneath the seabed, such as liquid or gaseous hydrocarbons, sulphur, or salt; "passenger ship" means a ship that carries more than twelve passengers; "port" means, for the purposes of these regulations, the ports listed in the Sixth Schedule; "port facility" means a location, as determined by the Authority, where the ship-port interface takes place, including areas such as anchorages, waiting berths and approaches from seaward as appropriate; "port facility operator" means:

(a) the owner of the port facility; or

(b) if the owner is not responsible for the management of the port facility -

(i) the manager of the port facility; or

(ii) any other person, who is, for the time being, responsible for the management of the port facility; "port facility security officer" means the person designated by the port facility operator as responsible for the development, implementation, revision and maintenance of the port facility security plan and for liaison with the ship security officer and the company security officer; "port facility security plan" means a plan developed to ensure the application of measures designed to protect the port facility and ships, persons, cargo, cargo transport units and ship’s stores within the port facility from the risks of a security incident;

"port security authority" means the authority appointed under regulation 5;

"port security area" means an area designated under regulation 36 as a port security area;

"port service provider" means any operator who is involved in a ship-port interface but who is not a port facility operator, and shall include the following:

(a) commercial vessel operators;

(b) cargo handling operators;

(c) mooring operators;

(d) pilotage service operators; and

(e) towage operators;

"port service provider security officer" means the person designated by the port service provider as responsible for the development, implementation, revision and maintenance of the port service provider security plan and for liaison with the ship security officer, port facility security officer and the company security office, as applicable; "recognised security organisation" means an organisation with appropriate expertise in security matters and with appropriate knowledge of ship and port operations that is authorised by the Authority to carry out an assessment, a verification, or an approval or certification activity required by Chapter XI-2 of the Annex to the Convention or by Part A of the Code: Provided that recognised security organisations may be appointed by the designated authority to carry out port security assessments and port security plans if they fulfil the conditions established in the Fourth Schedule; "scheduled service" means a series of sailing organized in such a way as to provide a service linking two or more port facilities -

(a) either on the basis of a published timetable;

(b) or with a regularity or frequency such as to constitute a recognizable systematic service; "security incident" means any suspicious act or circumstance threatening the security of any -

(a) ship, including a mobile offshore drilling unit and high-speed craft; or

(b) port facility; or

(c) mobile offshore drilling unit; or

(d) ship-port interface; or

(e) ship-to-ship activity;

"security level" means the quantification of the degree of risk that a security incident will be attempted or will occur;

"security level 1" means the level for which minimum appropriate protective security measures must be maintained at all times; "security level 2" means the level for which appropriate additional protective security measures must be maintained for a period of time as a result of heightened risk of a security incident; "security level 3" means the level for which further specific protective security measures must be maintained for a limited period of time when a security incident is probable or imminent, although it may not be possible to identify the specific target; "ship" means every description of boat or craft used in navigation, and includes:

(a) a barge, lighter, or other like vessel;

(b) a hovercraft or other thing deriving full or partial support in the atmosphere from the reaction of air against the surface of the water over which it operates;

(c) a submarine or other submersible;

(d) a high-speed craft; and

(e) a mobile offshore drilling unit that is not on location; "ship-port interface" means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons, goods, or the provisions of port services to or from the ship; "ship security officer" means the person on board the ship who is accountable to the master and designated by the company as responsible for the security of the ship, including the implementation and maintenance of the ship security plan, and for liaison with the port facility security officer; "ship security plan" means a plan developed to ensure the application of measures on board the ship designed to protect persons on board, cargo, cargo transport units, ship’s stores, or the ship from the risks of a security incident;

"ship-to-ship activity" means any activity not related to a port facility that involves the transfer of goods or persons from one ship to another; "ship’s administration" means the government of the State in which the ship is registered.