The Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018

Detention of ships to which Part 1 of the Merchant Shipping (Port State Control) Regulations 2011 does not apply

8.—(1) This regulation applies to a ship to which the EU Ship Recycling Regulation applies but Part 1 of the Merchant Shipping (Port State Control) Regulations 2011 does not apply.

(2) If a person carrying out an Article 8 survey or an inspector appointed under regulation 12 is of the opinion that at least one of the matters referred to in paragraph (3) is subsisting in contravention of the EU Ship Recycling Regulation, he or she may detain the ship by serving a notice (“a detention notice”) on the master.

(3) The matters referred to in paragraph (2) are—

(a) the ship does not have on board a valid inventory of hazardous materials;

(b) Annex I hazardous material is installed or used on the ship in a manner contrary to the Annex I control measures.

(4) The detention notice must—

(a) set out the grounds of detention; and

(b) the steps that must be taken in order for the ship to be released.

(5) A detention notice may—

(a) include a direction that the ship must remain in a particular place, or must move to a particular anchorage or berth; and

(b) specify circumstances when the master of the ship may move that ship from a specified place for reasons of safety or prevention of pollution.

(6) A person commits an offence if that person fails to comply with a requirement of a detention notice.

(7) It is a defence for a person (P) charged under paragraph (6) to prove that P took all reasonable steps to avoid committing the offence.

(8) A person who is guilty of an offence under paragraph (6) is liable —

(a) on summary conviction—

(i) in England and Wales, to a fine; or

(ii) in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.