There are currently no known outstanding effects for the The Merchant Shipping (Port State Control) Regulations 2011, Section 22.
22.—(1) All costs relating to any inspection for the purposes of, or in connection with, a refusal of access notice (including the lifting of a refusal of access notice) for which this Part of these Regulations provides are recoverable from the owner or their representative in the United Kingdom.
(2) If a ship is detained pursuant to a Convention enactment [F1or the EU Ship Recycling Regulation] for deficiencies in relation to the requirements of a Convention [F2or that Regulation] warranting the detention of the ship, or to regulation 9(6)—
(a)all costs of inspections which confirm or reveal—
(i)deficiencies in relation to the requirements of a Convention [F2or that Regulation] warranting the detention of the ship; or
(ii)that the ship is not equipped with a functioning voyage data recorder system when its use is compulsory in accordance with Directive 2002/59/EC; and
(b)all costs relating to the detention in port or anchorage;
are recoverable from the owner or their representative in the United Kingdom.
(3) Any detention made pursuant to this Part of these Regulations [F3, a Convention enactment or the EU Ship Recycling Regulation] for those deficiencies must not be lifted until [F4any appropriate fee payable] and any other costs payable under paragraphs (1) and (2) have been paid, or the person to whom they are due has been provided with sufficient security for them.
[F5(4) In paragraph (3), “appropriate fee” means—
(a)in the case of a detention made pursuant to this Part or a Convention enactment, a fee payable under the Merchant Shipping (Fees) Regulations 2018 in respect of an inspection leading to, or arising from, the detention;
(b)in the case of a detention made pursuant to the EU Ship Recycling Regulation, a fee payable under regulation 6 of the Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018 in connection with the carrying out of an Article 8 survey leading to, or arising from, the detention.
(5) In paragraph (4), “Article 8 survey” has the same meaning as in regulation 2(1) of the Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018.]
Textual Amendments
F1Words in reg. 22(2) inserted (31.12.2018) by The Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018 (S.I. 2018/1122), regs. 1, 7(9)(a)
F2Words in reg. 22(2) inserted (31.12.2018) by The Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018 (S.I. 2018/1122), regs. 1, 7(9)(b)
F3Words in reg. 22(3) substituted (31.12.2018) by The Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018 (S.I. 2018/1122), regs. 1, 7(10)(a)
F4Words in reg. 22(3) substituted (31.12.2018) by virtue of The Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018 (S.I. 2018/1122), regs. 1, 7(10)(b)
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