Power to detain

16.—(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 1995(1) (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 1995(2) shall apply in relation to a detention order under these Regulations as they apply to a detention order under those Regulations.

(1)

Section 284 was awarded by The Merchant Shipping and Maritime Security Act 1997.

(2)

S.I. 1995/3128.