Secretary of State functions in the event of shipowner default
27.—(1) If a shipowner of a United Kingdom ship fails to make provision required under regulation 19 or 22, the Secretary of State must make the required provision (or secure that it is made) and may recover costs incurred from the shipowner as a civil debt.
(2) If a shipowner of a ship which is not a United Kingdom ship fails to make provision required under regulation 19 or 22, the Secretary of State may make the required provision (or secure that it is made) and may recover costs incurred from the shipowner as a civil debt.
(3) Subject to paragraph (5), the costs which the Secretary of State may recover under paragraph (1) and (2) include—
(a)costs incurred by the Secretary of State in making the required provision (or securing that it is made); and
(b)costs incurred by the Secretary of State in reimbursing another person (including a State which has made provision pursuant to paragraph 5 of Standard A2.5 (repatriation) of the MLC) for having made the required provision (or having secured its provision), whether or not the Secretary of State has requested or required them to do so.
(4) Subject to paragraph (5), if a shipowner of a United Kingdom ship fails to make provision required under regulation 19 or 22 and the seafarer incurs costs in making the required provision or securing that it is made, the seafarer may recover such costs from the shipowner as a civil debt.
(5) The costs incurred by the seafarer which are referred to in paragraph (4)—
(a)may not be recovered by the seafarer under paragraph (4) if they have been recovered by the Secretary of State under paragraph (1); and
(b)may not be recovered by the Secretary of State under paragraph (1) if they have been recovered by the seafarer under paragraph (4).