The Merchant Shipping (Local Passenger Vessels) (Crew) Regulations 2006

Detention of vessels

7.—(1) Where a person (a “relevant inspector”) mentioned in paragraph (a), (b) or (c) of section 258(1) of the 1995 Act (powers to inspect ships and their equipment, etc) is satisfied that an offence under regulation 6 is being committed in relation to any vessel, the vessel is liable to be detained.

(2) Where a vessel is liable to be detained under paragraph (1), the relevant inspector detaining it must serve on the master of the vessel a detention notice which—

(a) states that the relevant inspector is of the opinion that an offence under regulation 6 has been committed,

(b) specifies the reasons for that opinion, and

(c) prohibits the vessel from commencing a voyage until a relevant inspector is satisfied it can do so in circumstances where no such offence is committed.

(3) Sections 96 and 97 of the 1995 Act (arbitration and compensation in connection with detention notices) shall apply in relation to a detention notice under paragraph (2) as they apply to a detention notice under section 95 (power to detain dangerously unsafe ship) but with the following words omitted from section 96—

(a) in subsection (1), “in pursuance of section 95(3)(b)”,

(b) in subsection (3), “to whether the ship was or was not a dangerously unsafe ship”,

(c) in subsection (5), “as a dangerously unsafe ship”.

(4) Where a vessel is liable to be detained under to this regulation, section 284 of the 1995 Act (enforcing detention of ship) shall apply with the following modifications—

(a) for subsection (1) there is substituted—

“(1) Where under the Merchant Shipping (Local Passenger Vessels) (Crew) Regulations 2006 a vessel is liable to be detained a relevant inspector may detain the vessel.”

(b) in subsection (4), for the words from “any of the following” to “any surveyor of ships” there is substituted “any relevant inspector”;

(c) subsections (6) and (7) are omitted; and

(d) at the end there is inserted—

“(9) ”In this section, relevant inspector” means any person mentioned in paragraph (a), (b) or (c) of section 258(1).”