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The Merchant Shipping (Port State Control) Regulations 2011
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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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