The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019

Right of appeal and compensation

41.—(1) Regulations 15 and 16 of the Merchant Shipping (Port State Control) Regulations 2011(1) (arbitration and compensation) apply in relation to the exercise of the powers of detention under these Regulations as they apply in relation to the exercise of those powers under Part 1 of those Regulations, subject to the modifications in paragraph (2).

(2) The modifications are—

(a) references to “inspector” are to be read as references to the authority detaining the ship or the harbour master, as the case may be;

(b) references to—

(i) “issue of a refusal of access notice” (regulation 16(1));

(ii) “refusal of access” (regulation 15(2));

(iii) “refusal of access notice” (regulations 15 and 16);

(iv) “served with a refusal of access notice” (regulation 15(4)); and

(v) “service of a refusal of access notice” (regulation 15(7)),

are omitted; and

(c) in regulation 16(2) after the word “State”, insert “, except where the ship is detained by a harbour master, in which case any compensation awarded under this section is payable by the harbour authority.”.

(1)

S.I. 2011/2601. Regulation 15 is amended prospectively by S.I. 2018/1122. There are other amending instruments but none is relevant.