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Detention

27.—(1) Any ship which, in contravention of regulation 6(1), proceeds or attempts to proceed to sea without being surveyed and marked may be detained until it has been so surveyed and marked.

(2) Any ship which does not comply with the conditions of assignment applicable to it and does not retain on board the record issued by the Assigning Authority detailing the conditions of assignment, is liable to be detained until it complies.

(3) Any ship which is loaded so as to submerge the load line may be detained until it ceases to be so loaded.

(4) Section 284 of the Merchant Shipping Act 1995(1) (enforcing detention of a ship) applies where a ship is liable to be detained under this regulation as if—

(a)references to detention of a ship under that Act were references to detention of the ship in question under this regulation, and

(b)subsections (7) and (8) were omitted.

(5) The provisions of sections 96 and 97 of the Merchant Shipping Act 1995 (except section 96(3) and the words “as a dangerously unsafe ship” in section 96(5)) apply in relation to a detention notice issued pursuant to this regulation as they apply in relation to detention notices issued pursuant to section 95, and in such application “the relevant inspector” means a person issuing the detention notice.

(1)

1995 c. 21. Section 284 was amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28), section 9 and Schedule 1, and also by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines and Summary Conviction) Regulations 2015 (S.I. 2015/664), regulation 4 and Schedule 4.