The Merchant Shipping (Port State Control) Regulations 2011

Rights of appeal and compensation

14.—(1) Regulations 15 and 16 apply in relation to the exercise of the power of detention or refusal of access in any Convention enactment except the Act and the Merchant Shipping (Survey and Certification) Regulations 1995(1).

(2) Section 96 of the Act (references of detention notices to arbitration)(2) applies in relation to a refusal of access notice issued under this Part of these Regulations as it applies to a detention notice under section 95(3) of that Act, as if it were modified as follows—

(a) the references to “relevant inspector” were to a person making an inspection under this Part of these Regulations; and

(b) the following words were omitted—

(i) in subsection (1), “in pursuance of section 95(3)(b)”;

(ii) in subsection (2), from “unless” to the end;

(iii) in subsection (3), “to whether the ship was or was not a dangerously unsafe ship”; and

(iv) in subsection (5), “as a dangerously unsafe ship”.

(3) Section 97 of the Act (compensation in connection with invalid detention of ship) applies in relation to a ship to which this Part of these Regulations applies as if, for subsection (1), there were substituted—

“(1) If on a reference under section 96 relating to a detention notice or refusal of access notice issued in relation to a ship, the owner of the ship shows to the satisfaction of the arbitrator that—

(a) any matter did not constitute a valid basis for the relevant inspector’s opinion, and

(b) there were no reasonable grounds for the inspector to form that opinion,

the arbitrator may award the owner such compensation in respect of any loss suffered by him in consequence of the detention of the ship or the service of the refusal of access notice as the arbitrator thinks fit.”.

(4) In the operation of sections 264 and 265 of the Act, as applied by regulation 25 of the Merchant Shipping (Survey and Certification) Regulations 1995, as those sections apply in relation to a detention notice or order served under that regulation on the master of a ship which is not a British ship—

(i) notwithstanding paragraph (2)(d) of that regulation, the giving of a notice under section 264 (as applied by those Regulations) does not operate to suspend the operation of the detention notice or order; and

(ii) on a reference under section 264 (as applied by those Regulations) the burden of satisfying the arbitrator as to the matters specified in section 265(1) (a) and (b) lies with the person on whom the notice was served.

(1)

S.I. 1995/1210, amended by S.I.1996/2418 and S.I.2000/1334.

(2)

Sections 96 and 264 were amended by section 7 of and Schedule 4 to the Arbitration Act 1996 (c.23), section 59 of the Constitutional Reform Act 2005 (c.4) and section 50 of the Tribunals, Courts and Enforcement Act 2007 (c.15).