- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
20.—(1) Where a relevant inspector inspects a ship under regulation 19 and has clear grounds for believing that—
(a)the ship does not comply with the requirements of the Maritime Labour Convention, and
(b)(i)the conditions on board are clearly hazardous to the safety, health or security of seafarers, or
(ii)the non-compliance represents a serious breach or the latest in a series of repeated breaches of the requirements of the Maritime Labour Convention (including the rights of seafarers referred to in Articles III and IV of the Maritime Labour Convention which are secured by it),
the ship is liable to be detained.
(2) A person having powers to detain a ship may permit a ship which is liable to be detained under this regulation to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard available.
(3) The power under this regulation to detain a ship may only be exercised if the ship in question is—
(a)in a port or shipyard in the United Kingdom, or
(b)at an offshore terminal in United Kingdom waters or controlled waters.
(4) Where a ship is liable to be detained under this regulation, section 284 of the Act has effect in relation to that ship as if—
(a)references to the owner of a ship were to the shipowner under these Regulations,
(b)references to detention of a ship under the Act were references to detention of the ship in question under this regulation, and
(c)subsection (7) were omitted.
(5) Where a ship is detained under this regulation, the Secretary of State must immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State, and invite them to send a representative to attend the ship.
(6) Where a ship is detained under this regulation but the failure to comply referred to in paragraph (1) has ceased, a person having power to detain the ship must, at the request of the shipowner or master, immediately release the ship.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: