PART 7Ships

Detention of shipsI149

1

A detention direction may be given to the master of a ship referred to in paragraph (3) by—

a

the Secretary of State, or

b

a harbour authority.

2

A detention direction under paragraph (1)(b) may only be given by a harbour authority to the master of a specified ship if it has received a direction from the Secretary of State in accordance with paragraph (3)(b).

3

The Secretary of State may direct a harbour authority to give a detention direction to the master of—

a

a ship owned, controlled, chartered or operated by a designated person, or

b

a specified ship.

4

A “detention direction” means a direction requiring the detention of a ship at a port or anchorage in the United Kingdom.

5

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.

6

Paragraph (7) 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.

7

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.

8

Section 284(1), (2), (2A), (2B), (3) and (8) of the Merchant Shipping Act 19959 (enforcing detention of ship) 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)10 of that section were to any requirement imposed by the detention direction.

9

In this regulation, “consular officer”, in relation to a foreign country, means the officer recognised by His Majesty as a consular officer of that foreign country.

10

In this regulation a “designated person” means a person who is designated under regulation 5 for the purposes of the relevant regulations of this Part.