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The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014
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- UK Statutory Instruments
- 2014 No. 1613
- PART 11
- Regulation 57
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Failure to repatriate - detention of non-United Kingdom ships with MLC documentation at request of foreign State
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57.—(1) Subject to paragraph (2), a ship is liable to be detained if the Secretary of State receives a request from the consul, diplomatic representative or appropriate maritime authorities of another State which has ratified the MLC that the ship be detained pursuant to paragraph 6 of Standard A2.5 of the MLC (power for States to detain or request detention of ships in connection with a shipowner defaulting in its duty to repatriate a seafarer).
(2) A ship may not be detained under this regulation unless the Secretary of State receives satisfactory evidence that—
(a)the State has incurred costs pursuant to paragraph 5 of Standard A2.5 (repatriation) of the MLC in connection with a failure of the shipowner to comply with its legal duties concerning repatriation; and
(b)a request for reimbursement has been made but those costs have not been reimbursed.
(3) Where a ship is detained under this regulation and the Secretary of State receives—
(a)satisfactory evidence that the costs referred to in paragraph (2) have been reimbursed; or
(b)a request from the consul, diplomatic representative or appropriate maritime authorities of the relevant State that the ship be released from detention,
a person having power to detain the ship must immediately release the ship.
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