21.—(1) A relevant inspector may inspect any ship which is not a United Kingdom ship when the ship is in a United Kingdom port and, if he is satisfied that ship-generated waste or cargo residues have not been delivered in accordance with regulation 12(1) or 16(1) he may—
(a)send a report to the government of the country in which the ship is registered; and
(b)detain the ship until such waste or residues have been delivered in accordance with those regulations,
when the ship has called at a United Kingdom port in the normal course of business or for operational reasons.
(2) If there is clear evidence that the ship has proceeded to sea without having complied with article 7 or 10 of the Directive the inspector shall detain the ship until a more detailed assessment of factors relating to the ship’s compliance with these Regulations (such as the accuracy of any information provided in accordance with regulation 11), has taken place.
[F1(2A) For the purposes of regulation 21(2), articles 7 and 10 of the Directive are to be read as if a reference to a ‘Community port’ includes a port within the United Kingdom.]
(3) If the ship is detained the relevant inspector shall forthwith notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.
(4) The relevant inspector shall not in the exercise of his power under this regulation detain or delay the ship unreasonably.
Textual Amendments
