Rectification of deficiencies, prohibition of departure and suspension of inspection
8.—(1) The Secretary of State must inform a company of any deficiencies which are confirmed or revealed by an inspection of one of its ships.
(2) Without prejudice to any other relevant statutory requirement, where an inspector has grounds for believing that deficiencies confirmed or revealed by an inspection are clearly hazardous to health or safety, the ship is liable to be detained by the inspector until such time as an inspector is satisfied that—
(a)the hazard has been removed, and
(b)the ship can, subject to any necessary conditions, proceed to sea or resume operation without risk to the health or safety of the passengers or crew, or risk to the ship or to other ships.
(3) Where a ship is liable to be detained under paragraph (2), the inspector detaining the ship must issue a prohibition of departure notice to the company and the master of the ship in accordance with paragraph (9).
(4) Where the overall condition of the ship is obviously substandard (for example where an inspector records deficiencies in several areas each of which could lead to the ship being detained) the inspector may suspend the inspection of the ship until the company has taken the necessary steps to ensure that the ship—
(a)is no longer clearly hazardous to health or safety, or
(b)complies with the relevant requirements of the international conventions that apply.
(5) Where an inspector suspends an inspection under paragraph (4), the inspector must issue a prohibition of departure notice to the company and the master of the ship in accordance with paragraph (9).
(6) Without prejudice to any other relevant statutory requirement, where the Secretary of State has not been able to carry out an inspection of a ship in accordance with these Regulations, the ship may be detained by the Secretary of State.
(7) Where a ship is liable to be detained under paragraph (6), the Secretary of State must issue a prohibition of departure notice to the company and the master of the ship including the reason for the detention in accordance with paragraph (9).
(8) Section 284 of the Act (enforcing detention of a ship) applies where a ship is liable to be detained under this regulation as if—
(a)references to the owner of the ship were to the company;
(b)references to detention of a ship under the Act were references to the detention of a ship under this regulation;
(c)references to a notice of detention were references to a prohibition of departure notice issued under paragraph (3), (5) or (7);
(d)subsection (7) were omitted.
(9) A prohibition of departure notice must—
(a)specify—
(i)the deficiency in relation to which the notice has been issued under paragraph (3),
(ii)the reasons for the suspension in relation to which the notice is issued under paragraph (5), or
(iii)details of the inspection which the Secretary of State has not been able to carry out in relation to which a notice is issued under paragraph (7),
(b)require that the ship must not be operated on a regular service unless the deficiency or reason for suspension so specified has been remedied and the ship has been released by any person mentioned in section 284(1) of the Act,
(c)inform the company and the master of the ship of the right to arbitration in relation to a notice issued under paragraph (3) or (5) and the applicable procedures, and
(d)take immediate effect.
(10) The risk of port congestion must not be a consideration in a decision whether to impose or to withdraw a prohibition of departure notice.
(11) Where a deficiency referred to in paragraph (2) cannot be readily rectified in the port in which the deficiency has been confirmed or revealed, the person having powers to detain the ship may permit it to proceed to the nearest appropriate repair yard available where the deficiency can be readily rectified.
(12) A prohibition of departure notice may only be withdrawn by the Secretary of State where—
(a)in the case of a notice issued under—
(i)paragraph (3), all deficiencies have been rectified and the hazard has been removed to the satisfaction of an inspector,
(ii)paragraph (5), the inspection has been resumed and successfully completed, or
(iii)paragraph (7), an inspection of the ship in accordance with these Regulations has been carried out, and
(b)any requirement set out in the prohibition of departure notice and regulation 10(2) are satisfied.
(13) Subject to paragraph (14), section 96 (references of detention notices to arbitration) and section 97 (compensation in connection with invalid detention of ship) of the Act apply in relation to a prohibition of departure notice issued under this regulation as they apply in relation to a detention notice served under section 95 (power to detain dangerously unsafe ship).
(14) For the purposes of paragraph (13)—
(a)section 96 applies as if—
(i)subsection (3) were omitted,
(ii)the words “as a dangerously unsafe ship” in subsection (5) were omitted,
(iii)subsection (11) were omitted, and
(b)sections 96 and 97 apply as if “the relevant inspector” means the person who issued the prohibition of departure notice under this regulation.