Merchant Shipping and Maritime Security Act 1997

2 (1) Section 95 of the 1995 Act (power to detain dangerously unsafe ship) is amended as follows. U.K.

(2) For subsection (1) there is substituted—

“(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.”

(3) At the beginning of subsection (2) there is inserted “ Subject to subsection (2A) below ”, and after that subsection there is inserted—

“(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.”

(4) In subsection (3)(c), for “prohibit the ship from going to sea” there is substituted “ require the ship to comply with the terms of the notice ”.