PART 1

IMPLEMENTATION OF DIRECTIVE 2009/16/EC

Costs22.

(1)

All costs relating to any inspection for the purposes of, or in connection with, a refusal of access notice (including the lifting of a refusal of access notice) for which this Part of these Regulations provides are recoverable from the owner or their representative in the United Kingdom.

(2)

If a ship is detained pursuant to a Convention enactment for deficiencies in relation to the requirements of a Convention warranting the detention of the ship, or to regulation 9(6)—

(a)

all costs of inspections which confirm or reveal—

(i)

deficiencies in relation to the requirements of a Convention warranting the detention of the ship; or

(ii)

that the ship is not equipped with a functioning voyage data recorder system when its use is compulsory in accordance with Directive 2002/59/EC; and

(b)

all costs relating to the detention in port or anchorage;

are recoverable from the owner or their representative in the United Kingdom.

(3)

Any detention made pursuant to this Part of these Regulations or a Convention enactment for those deficiencies must not be lifted until any fees payable under the Merchant Shipping (Fees) Regulations 2006 M1 in respect of an inspection leading to it or arising from it and any other costs payable under paragraphs (1) and (2) have been paid, or the person to whom they are due has been provided with sufficient security for them.