95 Power to detain dangerously unsafe ship.U.K.
F1[(1)Where a ship which is—
(a)in a port in the United Kingdom, or
(b)at sea in United Kingdom waters,
appears to a relevant inspector to be a dangerously unsafe ship, the ship may be detained.]
(2)[F2Subject to subsection (2A) below]the power of detention conferred by subsection (1) above is exercisable in relation to foreign ships as well as United Kingdom ships.
F2[(2A)The power of detention conferred by subsection (1)(b) is not exercisable in relation to a qualifying foreign ship while the ship is exercising—
(a)the right of innocent passage, or
(b)the right of transit passage through straits used for international navigation.]
(3)The officer detaining the ship shall serve on the master of the ship a detention notice which shall—
(a)state that the relevant inspector is of the opinion that the ship is a dangerously unsafe ship;
(b)specify the matters which, in the relevant inspector’s opinion, make the ship a dangerously unsafe ship; and
(c)[F3require the ship to comply with the terms of the notice] until it is released by a competent authority.
(4)In the case of a ship which is not a British ship the officer detaining the ship shall cause a copy of the detention notice to be sent as soon as practicable to the nearest consular officer for the country to which the ship belongs.
(5)In this section—
“competent authority” means any officer mentioned in section 284(1); and
“relevant inspector” means any person mentioned in paragraph (a), (b) or (c) of section 258(1).
Textual Amendments
F1S. 95(1) substituted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 2(2); S.I. 1997/1082, art. 2, Sch.
F2S. 95(2A) and words in s. 95(2) inserted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 2(3); S.I. 1997/1082, art. 2, Sch.
F3Words in s. 95(3)(c) substituted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 2(4); S.I. 1997/1082, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 95 applied (with modifications) (31.3.2023) by The Merchant Shipping (Watercraft) Order 2023 (S.I. 2023/35), arts. 1(1), 7