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.