SCHEDULES

SCHEDULE 1 Amendments of Merchant Shipping Act 1995 relating to inspection and detention of ships

Power to detain dangerously unsafe ship

2

1

Section 95 of the 1995 Act (power to detain dangerously unsafe ship) is amended as follows.

2

For subsection (1) there is substituted—

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.

3

At the beginning of subsection (2) there is inserted “ Subject to subsection (2A) below ”, and after that subsection there is inserted—

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.

4

In subsection (3)(c), for “prohibit the ship from going to sea” there is substituted “ require the ship to comply with the terms of the notice ”.