The Merchant Shipping (Hours of Work) Regulations 2002

Rectification of deficiencies

16.—(1) If the inspection or more detailed inspection under regulation 15 reveals that any of the requirements of regulations 4, 7 and 9 are not being complied with in respect of a ship the relevant inspector shall, in the case of deficiencies which are clearly hazardous to the safety or health of seafarers, take the measures necessary to ensure that such deficiencies are rectified, and may detain the ship until deficiencies have been rectified or the seafarers in question have been sufficiently rested.

(2) If there is clear evidence that watchkeeping personnel for the first watch, or subsequent relieving watches, are unduly fatigued the relevant inspector shall detain the ship until the deficiencies found have been rectified or the seafarers in question have been sufficiently rested.

(3) If a ship is detained under paragraph (1 ) or (2) the competent authority shall inform—

(a) the master of the ship;

(b) the company in respect of the ship; and

(c) either—

(i) the administration of the State whose flag the ship is entitled to fly or the State in which the ship is registered; or

(ii) the nearest consular or diplomatic representative of the State,

of the results of any inspection under regulation 15, of any decisions taken by the inspector and of any corrective actions required.

(4) The relevant inspector shall not in exercise of his power under this regulation detain or delay the ship unreasonably.