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The Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1998

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Power to Detain

17.—(1) Where a harbour master or an inspector has reason to believe that the owner, manager, demise charterer or master of a ship has committed an offence under regulations 4, 5, 6 or 7 above by the disposal from the ship of garbage the harbour master, if the disposal was into the waters of the harbour, or an inspector, if the disposal was in any other waters, may detain the ship.

(2) Section 284 of the Act shall have effect in relation to a detention under paragraph (1) above as if—

(a)subsections (1), (6) and (7) were omitted;

(b)in subsection (2), if the ship is detained by a harbour master, the reference to competent authority were to the harbour authority; and

(c)in subsection (4), the persons in relation to whom that subsection applies were, if the ship is detained by a harbour master, the harbour master or any person acting on his behalf or, if the ship is detained by an inspector, the inspector or any person acting on his behalf.

(3) Section 144(3) to (8) of the Act(1) (which relates to the detention of a ship) shall apply to a detention under paragraph (1) above as it applies to a detention under section 144(1) of the Act, as if—

(a)in paragraph (3), after the words “harbour master” there were inserted the words “or an inspector”;

(b)in paragraph (4)—

(i)after the word “harbour master”, there were inserted the words “or an inspector”;

(ii)in sub-paragraphs (b), (c) and (d), for the words “owner or master” wherever they appear there were substituted the words “owner, manager, demise charterer or master”; and

(iii)in sub-paragraph (c)(i) and (ii)—

(aa)if the ship is detained by an inspector, for the words “harbour authority” wherever they appear there were substituted the words “Secretary of State”; and

(bb)for “£255,000” in both places where it occurs there were substituted “£30,000”;

(c)in paragraph (5)—

(i)after the words “harbour authority” there were inserted the words “or Secretary of State (as appropriate)”; and

(ii)in sub-paragraph (b), for the words “master or owner” there were substituted the words “owner, manager, demise charterer or master”; and

(d)in paragraph 6, for the words “master or owner” wherever they appear there were substituted the words “owner, manager, demise charterer or master”.

(1)

Section 144(4)(c)(i) and (ii) was amended by the Merchant Shipping and Maritime Security Act 1997, section 7(3).

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