Powers to detain27
1
In any case where a ship does not comply with the requirements of these Regulations, the ship is liable to be detained and section 284(1) to (6) and (8) of the Act (enforcing detention of ship) shall have effect in relation to the ship, subject to the modification that as if for the words “this Act” wherever they appear, there were substituted “
the Merchant Shipping (Survey and Certification) Regulations 2015
”
.
2
Where a ship is liable to be detained under these Regulations the detaining officer shall serve on the master a detention notice which shall—
a
state that a surveyor of ships is of the opinion that in relation to that vessel there is a failure to comply with the requirements of these Regulations,
b
specify the matters which, in the opinion of the surveyor of ships, have the effect that in relation to that vessel those requirements are not met, and
c
require the terms of the notice to be complied with before the vessel is released by any person mentioned in section 284(1) of the Act.
3
Sections 96 and 97 of the Act (which relate to arbitration and compensation in connection with the detention of a ship) apply in relation to a detention notice under this regulation as those sections apply in relation to a detention notice under section 95 of the Act, with the following modifications—
a
the arbitrator shall have regard in coming to a decision to any other matters not specified in the detention notice which appear to be relevant to whether or not the ship was in breach of a requirement of these Regulations; and
b
the arbitrator shall include in the decision a finding whether there was or was not a valid basis for the detention of the ship as not complying with the requirements of these Regulations.