The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996

Power to deny entry or detain

35.—(1) If a harbour master has reason to believe that a ship which he believes proposes to enter the harbour does not comply with the requirements of these Regulations, he shall immediately report the matter to the Secretary of State who, if he is satisfied that the ship presents an unreasonable threat of harm to the marine environment, may deny the entry of such ship to United Kingdom ports or offshore terminals.

(2) (a) In any case where a ship to which these Regulations apply is suspected of a contravention of the requirements of these Regulations, the ship shall be liable to be detained.

(b) Where the steps taken by an inspector under regulation 34(1)(b) or (c) involve detention of the ship, or in the event of detention under this regulation, then section 284 of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modifications that as if the words “this Act” wherever they appear, there were substituted “the Merchant Shipping (Prevention of Oil Pollution) Regulations 1996”.

(3) Where a ship other than a United Kingdom ship is—

(a) denied entry pursuant to paragraph (1); or

(b) detained pursuant to paragraph (2); or

(c) detained pursuant to regulation 37(3);

the Secretary of State shall 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.