The Merchant Shipping (Port State Control) Regulations 2011

Rectification and detention U.K.

9.—(1) A ship's owner must satisfy the Secretary of State that any deficiencies which are confirmed or revealed by an initial inspection, more detailed inspection or expanded inspection, are or will be rectified in accordance with the Conventions [F1 or the EU Ship Recycling Regulation].

(2) Where such deficiencies [F2 fall to be rectified in accordance with the Conventions and] are clearly hazardous to safety, health or the environment, the inspector must detain the ship, or require the stoppage of the operation in the course of which the deficiencies have been revealed, using powers of detention in Convention enactments as appropriate, or issuing a prohibition notice under section 262 of the Act, as the case may be.

[F3 (2A) Paragraph (2B) applies where deficiencies mentioned in paragraph (1) fall to be rectified in accordance with the EU Ship Recycling Regulation and the inspector is of the opinion that the ship may be detained under Article 11(3) or 12(5) of that Regulation.

(2B) If the inspector decides to detain the ship, the inspector must do so by serving a notice (“a detention notice”) on the master of the ship.

(2C) A detention notice issued under paragraph (2B) must—

(a) set out the grounds for detention; and

(b) the steps that must be taken in order for the ship to be released.]

(3) A detention notice issued in the circumstances described in paragraph (2) [F4 or under paragraph (2B)] may:

(i) include a direction that a ship must remain in a particular place, or must move to a particular anchorage or berth; and

(ii) specify circumstances when the master of the ship may move that ship from a specified place for reasons of safety or prevention of pollution.

(4) Measures imposed by an inspector in the circumstances described in paragraph (2) must not be lifted until the Secretary of State has established that the ship can, subject to any necessary conditions, proceed to sea or the operation be resumed without risk to the safety and health of passengers or crew, or risk to other ships, or without there being an unreasonable threat of harm to the marine environment.

(5) Without prejudice to any other requirement in the Convention enactments, when exercising professional judgement as to whether or not a ship should be detained [F5 in accordance with paragraph (2),] the inspector must apply the criteria set out in Annex X to the Directive.

(6) A ship must be detained if it is not equipped with a functioning voyage data recorder system, when its use is compulsory in accordance with Directive 2002/59/EC of the European Parliament and of the Council of 23 June 2002 establishing a Community vessel traffic monitoring and information system M1 .

(7) If the deficiency mentioned in paragraph (6) cannot readily be rectified in the port of detention, the inspector may either allow the ship to proceed to the appropriate repair yard nearest to the port of detention where it is capable of being rectified and is to be so rectified, or require that the deficiency be rectified within a maximum period of 30 days.

(8) In exceptional circumstances, where the overall condition of a ship is obviously substandard, the inspector may, in addition to detaining the ship, suspend the inspection of that ship until the responsible parties have taken the steps necessary to ensure that it complies with the relevant requirements of the Conventions [F6 or the EU Ship Recycling Regulation].

(9) If a ship is detained following an initial inspection, a more detailed inspection or an expanded inspection, the Secretary of State must immediately inform, in writing—

(i) the ship's flag administration; or, if this is not possible,

(ii) the Consul of the State of the flag administration; or, in the Consul's absence,

(iii) the nearest diplomatic representative of the State of the flag administration.

(10) The written information referred to in paragraph (9) must set out all the circumstances relating to the decision to detain the ship and must include the report of inspection.

(11) Where paragraph (9) applies the Secretary of State must also notify all relevant—

(i) nominated surveyors; or

(ii) recognised organisations;

responsible for the issue of classification certificates or statutory certificates.

(12) The provisions of these Regulations do not prejudice the additional requirements of the Conventions concerning notification and reporting procedures related to port State control [F7 or the provisions of Article 11(3) or 12(5) of the EU Ship Recycling Regulation].

(13) When carrying out an inspection under these Regulations, the inspector must make all possible efforts to avoid a ship being unduly detained or delayed.

(14) The risk of port congestion must not be a consideration in a decision to detain a ship or to release a ship from detention.

Textual Amendments

F1 Words in reg. 9(1) 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(5)(a)

F2 Words in reg. 9(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(5)(b)

F3 Reg. 9(2A)-(2C) 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(5)(c)

F4 Words in reg. 9(3) 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(5)(d)

F5 Words in reg. 9(5) 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(5)(e)

F6 Words in reg. 9(8) 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(5)(f)

F7 Words in reg. 9(12) 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(5)(g)

Marginal Citations

M1 OJ No. L208, 5.08.2002, p.10, amended by Directive 2009/17/EC OJ No. L131, 28.5.2009 p.101 and by Directive 2011/15/EU OJ No. L 49. 24.2.2011, p.33.