The Merchant Shipping (Port State Control) Regulations 2011

Compensation for unjustified detentionU.K.

This section has no associated Explanatory Memorandum

16.—(1) If on a reference under regulation 15 relating to a detention notice or refusal of access notice, the arbitrator decides that the owner has proved—

(a)that the matter complained of did not constitute a valid basis for the inspector's opinion; and

(b)that there were no reasonable grounds for the issue of the detention notice or refusal of access notice;

the arbitrator must award the owner of the ship such compensation in respect of any loss suffered in consequence of, as the case may be, the detention of the ship or the issue of a refusal of access notice, as the arbitrator thinks fit.

(2) Any compensation awarded under this regulation is payable by the Secretary of State.

(3) In the application of this regulation to Scotland any reference to an arbitrator is to be construed as a reference to an arbiter.

Modifications etc. (not altering text)