The Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013

Detention of United Kingdom ships U.K.

17.—(1) Where a relevant inspector has clear grounds for believing that—

(a) a ship to which this regulation applies does not comply with these Regulations; and

(b) (i) the conditions on board are clearly hazardous to the safety, health or security of seafarers, or

(ii) the non-compliance represents a serious breach or the latest in a series of repeated breaches of these Regulations or the requirements of the Maritime Labour Convention (including the rights of seafarers referred to in Articles III and IV of the Maritime Labour Convention which are secured by it),

that ship is liable to be detained.

(2) A person having powers to detain a ship may permit a ship which is liable to be detained under this regulation to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard available.

(3) Section 284 of the Act M1 (enforcing detention of a ship) applies where a ship is liable to be detained under this regulation as if—

(a) references to the owner of a ship were to the shipowner under these Regulations,

(b) references to detention of a ship under the Act were references to detention of a ship under these Regulations, and

(c) subsection (7) were omitted.

(4) Where a ship is liable to be detained under this regulation, the person detaining the ship must serve on the master of the ship a detention notice which—

(a) states the grounds for the detention, and

(b) requires the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the Act.

(5) Where a ship is detained under paragraph (1) but the failure to comply referred to in that paragraph has ceased, a person having power to detain the ship must, at the request of the shipowner or master, immediately release the ship—

(a) if no proceedings for an offence under these Regulations are instituted within the period of seven days beginning with the day on which the ship is detained,

(b) if proceedings for an offence under these Regulations, having been instituted within that period, are concluded without the shipowner or master being convicted,

[F1 (c) if either—

(i) the sum of £30,000 is paid to the Secretary of State by way of security; or

(ii) security which, in the opinion of the Secretary of State, is satisfactory and is for an amount not less than £30,000 is given to the Secretary of State,

by or on behalf of the shipowner or the master of the ship;]

(d) where the shipowner or master is convicted of an offence under these Regulations, if any costs or expenses ordered to be paid by that person and any fine imposed on that person have been paid, or

(e) if the release is ordered by a court or tribunal referred to in article 292 of the United Nations Convention on the Law of the Sea M2 , and any bond or other financial security ordered by such court or tribunal is posted.

(6) The Secretary of State must repay any sum paid in pursuance of paragraph (5)(c) or release any security so given—

(a) if no proceedings for an offence under these Regulations are instituted within the period of seven days beginning with the day on which the sum is paid or the security is given, or

(b) if proceedings for such an offence, having been instituted within that period, are concluded without the shipowner or master being convicted.

(7) Where a sum has been paid, or security has been given, by any person in pursuance of paragraph (5)(c) and the shipowner or master is convicted of an offence under these Regulations, the sum so paid or the amount made available under the security must be applied as follows—

(a) first in payment of any costs or expenses ordered by the court to be paid by the shipowner or master, and

(b) next in payment of any fine imposed by the court,

and any balance must be repaid to the first-mentioned person.

(8) Section 145 of the Act (interpretation of references in section 144 to the institution of proceedings or their conclusion) applies for the purposes of paragraphs (5) to (7) as if—

(a) references to the owner of a ship were to the shipowner under these Regulations, and

(b) references to an offence under section 131 were references to an offence under these Regulations.

Textual Amendments

F1 Reg. 17(5)(c) substituted (7.8.2014) by The Merchant Shipping (Maritime Labour Convention) (Consequential and Minor Amendments) Regulations 2014 (S.I. 2014/1614), regs. 1, 14(6)

Marginal Citations

M1 Section 284 was amended by the Merchant Shipping and Maritime Security Act 1997, section 9 and Schedule 1.

M2 Cmnd. 8941.