PART 7Inspections, Detentions and Offences

Right of appeal and compensation41

1

Regulations 11 and 12 of the 1995 Regulations (right of appeal and compensation) apply in relation to the exercise of the power of detention under these Regulations as they apply in relation to the exercise of those powers under Part 1 of those Regulations, subject to the modifications referred to in paragraph (2).

2

The modifications are—

a

references to “inspector” are to be taken as references to the authority detaining the ship, or the harbour master, as the case may be,

b

references to “access refusal notice”, “service of an access refusal notice” and “refusal of access” are omitted, and

c

in regulation 12(2) after “State” there is added “, except where the ship is detained by a harbour master, in which case any compensation awarded under this section shall be payable by the harbour authority.”.