Right of appeal and compensation
29.—(1) Regulations 15 (arbitration) and 16 (compensation) of the Merchant Shipping (Port State Control) Regulations 2011(1) apply in relation to the exercise of the power of detention under these Regulations as they apply in relation to the exercise of those powers under Part 1 (implementation of Directive 2009/16/EC(2)) of those Regulations, subject to the modifications referred to in paragraph (2).
(2) The modifications are—
(a)references to “inspector” are to be taken 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”;
(ii)“refusal of access”;
(iii)“refusal of access notice”;
(iv)“served with a refusal of access notice”; and
(v)“service of a refusal of access notice”,
are omitted; and
(c)in regulation 16(2) after “State” there is added “, except where the ship is detained by a harbour master, in which case any compensation awarded under this section must be paid by the harbour authority.”.
S.I. 2011/2601, to which there are amendments not relevant to the Regulations.
OJ No. L 131, 28.05.2009, p. 57.