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The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014

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There are currently no known outstanding effects for the The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014, Section 58. Help about Changes to Legislation

Supplementary provisions as respects detention of shipsU.K.

This section has no associated Explanatory Memorandum

58.—(1) The power under regulation 56 or regulation 57 to detain a ship may be exercised as regards a United Kingdom ship wherever it may be, but as regards a ship which is not a United Kingdom ship may only be exercised if the ship in question is—

(a)in a port or shipyard in the United Kingdom; or

(b)at an offshore terminal in United Kingdom waters.

(2) A person having powers to detain a ship may permit a ship which is liable to be detained under regulation 56 or regulation 57 to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard available.

(3) Section 284 of the Act M1 (enforcing detention of a ship) applies where a ship is liable to be detained under this regulation as if—

(a)references to the owner of a ship were to the shipowner under these Regulations;

(b)references to detention of a ship under the Act were references to detention of the ship in question under these Regulations; and

(c)subsection (7) were omitted.

(4) Where a ship is liable to be detained under regulation 56 or regulation 57, the person detaining the ship must serve on the master of the ship a detention notice which—

(a)states the grounds for the detention; and

(b)requires the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the Act.

(5) Where a ship other than a United Kingdom ship is detained, the Secretary of State must immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly, or the appropriate maritime authorities of that State, and invite them to send a representative to attend the ship.

Marginal Citations

M1Section 284 was amended by the Merchant Shipping and Maritime Security Act 1997, section 9 and Schedule 1.

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