Power to detain16

1

In any case where it is found—

a

in relation to a ship which is a United Kingdom ship, that there is any contravention of these Regulations; or

b

in relation to a ship which is not a United Kingdom ship, that there is—

i

any contravention of regulation 5, 11, 12 or 13; or

ii

a failure to correct a deficiency of a kind specified in regulation 15(2) after notification to the master pursuant to regulation 15(2), and there is in consequence a danger to persons, property or the environment,

the ship may be detained, and section 284 of the Merchant Shipping Act 19959 (detention of a ship) shall apply as if for the words “the Act”, whenever they appear, there were substituted the words “the Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997”.

2

Regulations 10, 11 and 12 (right of appeal, arbitration and compensation) of the Merchant Shipping (Port State Control) Regulations 199510 shall apply in relation to a detention order under these Regulations as they apply to a detention order under those Regulations.