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Part VE+W+S Enforcement, Offences and Proceedings

EnforcementE+W+S

65 Power to detain vessels and aircraft.E+W+S

(1)Where an inspector of the Minister is satisfied that this Act or an order of the Minister[F1 or a regulation of the Scottish Ministers under this Act ] or a regulation of a local authority has not been or is not being complied with on board a vessel in port, then, on the inspector’s representation in writing to that effect, stating particulars of non-compliance, the vessel may be detained until the appropriate Minister otherwise directs.

(2)The officer detaining the vessel shall forthwith deliver to the master or person in charge of the vessel a copy of the representation.

(3)Section [F2284 of the Merchant Shipping Act 1995] shall apply in the case of such detention as if it were authorised or ordered under that Act.

(4)In relation to aircraft the Ministers may—

(a)by an order under this Act adapt that section of the [F31995 Act] as applied in the case of the detention of a vessel under this section; or

(b)make such other provision instead of it as they think expedient.

Textual Amendments

F2Words in s. 65(3) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 58(b)(i)

F3Words in s. 65(4)(a) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 58(b)(ii)

Modifications etc. (not altering text)

C5S. 65(1)-(3) applied (with modifications) (W.) (6.7.2006) by The Avian Influenza (Vaccination) (Wales) Regulations 2006 (S.I. 2006/1761), regs. 1(2), 17(1)

C9S. 65(1)-(3) applied (with modifications) (E.) (14.11.2006) by The Avian Influenza (Vaccination) (England) Regulations 2006 (S.I. 2006/2703), regs. 1(2), 19(3)(d)