- Latest available (Revised)
- Point in Time (01/01/2007)
- Original (As enacted)
Version Superseded: 31/03/2023
Point in time view as at 01/01/2007. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Merchant Shipping Act 1995, Section 95 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
F1[(1)Where a ship which is—
(a)in a port in the United Kingdom, or
(b)at sea in United Kingdom waters,
appears to a relevant inspector to be a dangerously unsafe ship, the ship may be detained.]
(2)[F2Subject to subsection (2A) below]the power of detention conferred by subsection (1) above is exercisable in relation to foreign ships as well as United Kingdom ships.
F2[(2A)The power of detention conferred by subsection (1)(b) is not exercisable in relation to a qualifying foreign ship while the ship is exercising—
(a)the right of innocent passage, or
(b)the right of transit passage through straits used for international navigation.]
(3)The officer detaining the ship shall serve on the master of the ship a detention notice which shall—
(a)state that the relevant inspector is of the opinion that the ship is a dangerously unsafe ship;
(b)specify the matters which, in the relevant inspector’s opinion, make the ship a dangerously unsafe ship; and
(c)[F3require the ship to comply with the terms of the notice] until it is released by a competent authority.
(4)In the case of a ship which is not a British ship the officer detaining the ship shall cause a copy of the detention notice to be sent as soon as practicable to the nearest consular officer for the country to which the ship belongs.
(5)In this section—
“competent authority” means any officer mentioned in section 284(1); and
“relevant inspector” means any person mentioned in paragraph (a), (b) or (c) of section 258(1).
Textual Amendments
F1S. 95(1) substituted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 2(2); S.I. 1997/1082, art. 2, Sch.
F2S. 95(2A) and words in s. 95(2) inserted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 2(3); S.I. 1997/1082, art. 2, Sch.
F3Words in s. 95(3)(c) substituted (23.3.1997) by 1997 c. 28, s. 9, Sch. 1 para. 2(4); S.I. 1997/1082, art. 2, Sch.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: