PART 8Ships
Detention of shipsI1I275
1
A detention direction may be given to the master of a ship to which this paragraph applies by—
a
the Secretary of State, or
b
a harbour authority.
2
The Secretary of State may direct a harbour authority to give a detention direction to the master of a ship to which this paragraph applies.
3
A “detention direction” means a direction requiring the detention of a ship at a port or anchorage.
4
A detention direction given in relation to a ship—
a
must be in writing,
b
must be delivered to the master of the ship by the person who detains the ship,
c
must state the grounds on which the ship is detained, and
d
must state that—
i
it is given under this regulation, and
ii
any requirements imposed by the direction must be complied with.
5
Paragraph (6) applies if—
a
the ship is not a British ship, and
b
there is in the United Kingdom a consular officer for the country to which the ship belongs.
6
A copy of the detention direction must be sent as soon as practicable to the nearest consular officer for the country to which the ship belongs.
7
Section 284(1), (2), (2A), (2B), (3) and (8) of the Merchant Shipping Act 1995 M1 (enforcement of detention of ships) applies in the case of detention under a detention direction as it applies in the case of detention authorised or ordered by that Act, but as if—
a
any reference in that section to a notice of detention were to the detention direction, and
b
the reference in subsection (2A) of that section to a direction given under subsection (1A)(a) of that section were to any requirement imposed by the detention direction.
8
Paragraphs (1) and (2) apply to the following when at a port or anchorage—
a
a specified ship;
b
a ship for the time being designated by the Security Council or the Committee as a ship in respect of which the measures required by paragraph 8(d) of resolution 1718 (asset-freeze etc.) are to be taken.
9
In this regulation, “consular officer”, in relation to a foreign country, means the officer recognised by Her Majesty as a consular officer of that foreign country.