Merchant Shipping Act 1995

226 Detention of property liable for salvage by receiver

(1) Where salvage is due to any person under this Chapter, the receiver shall—

(a) if the salvage is due in respect of services rendered—

(i) in assisting a vessel, or

(ii) in saving life from a vessel, or

(iii) in saving the cargo and equipment of a vessel,

detain the vessel and cargo or equipment; and

(b) if the salvage is due in respect of the saving of any wreck, and the wreck is not sold as unclaimed under this Chapter, detain the wreck.

(2) Subject to subsection (3) below, the receiver shall detain the vessel and the cargo and equipment, or the wreck, as the case may be, until payment is made for salvage, or process is issued for the arrest or detention of the property by the court.

(3) The receiver may release any property detained under subsection (2) above if security is given—

(a) to his satisfaction, or

(b) where—

(i) the claim for salvage exceeds £5,000, and

(ii) any question is raised as to the sufficiency of the security,

to the satisfaction of the court.

(4) Any security given for salvage under this section to an amount exceeding £5,000 may be enforced by the court in the same manner as if bail had been given in that court.

(5) In this section “the court” means the High Court or, in Scotland, the Court of Session.

(6) As respects Scotland the reference in subsection (2) to process being issued for arrest shall be construed as a reference to warrant for arrestment being granted.