9.—(1) A ship may be detained if anyone attempts to navigate it out of port in contravention of regulation 5.
(2) Section 284 of the Act (1) (which relates to the detention of a ship) is to have effect in relation to the ship, subject to the modification that for—
(a)“this Act” there were substituted “the Merchant Shipping (Carriage of Passengers by Sea) Regulations 2012”; and
(b)“owner” there were substituted “carrier or performing carrier”.
(3) An officer detaining the ship must serve on the master of the ship a detention notice which—
(a)states the reason for the detention; and
(b)requires the ship to comply with the terms of the detention notice until it is released by a competent authority.
(4) Where a ship is detained which is not a United Kingdom ship the Secretary of State must immediately inform, in writing—
(a)the ship’s flag state administration; or, if this is not possible,
(b)the Consul of the State of the flag administration; or, in the Consul’s absence,
(c)the nearest diplomatic representative of the State of the flag administration.
(5) The written information referred to in paragraph (4) must set out all the circumstances of the decision to detain the ship.
(6) Where paragraph (4) applies the Secretary of State must notify all relevant—
(a)nominated surveyors; or
(b)recognised organisations;
responsible for the issue of classification certificates.
(7) In this regulation “competent authority” means any officer mentioned in section 284(1) of the Act.
Commencement Information
I1Reg. 9 in force at 12.1.2013 in force in accordance with reg. 1(2)
Section 284 was amended by the Merchant Shipping and Maritime Security Act 1997 (c.28) Schedule 1.