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The Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018

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Detention of ships

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21.—(1) Where a ship is inspected under regulation 19 or 20, the ship may be detained if the relevant inspector or, as the case may be, proper officer has clear grounds for believing that—

(a)the ship does not comply with the provisions of these Regulations that apply to it; and

(b)either—

(i)the conditions on board are clearly hazardous to the safety, health or security of seafarers; or

(ii)the non-compliance mentioned in paragraph (a) represents a serious breach or the latest in a series of repeated breaches of these Regulations or the requirements of the Maritime Labour Convention.

(2) Section 284 of the Merchant Shipping Act 1995, (enforcing detention of a ship)(1) applies in relation to a ship which may be detained under paragraph (1) as it applies in relation to a ship which may be detained under that Act.

(3) In its application by virtue of paragraph (2), section 284 has effect as if—

(a)in subsection (3), for “owner of a ship” there were substituted “shipowner in relation to a ship”;

(b)in subsection (4), for “owner” there were substituted “shipowner”; and

(c)subsection (7) were omitted.

(4) Where a ship is detained under paragraph (1), the person detaining the ship must serve on the master of the ship a detention notice which states—

(a)the grounds of detention; and

(b)that the terms of the notice must be complied with until the ship is released by any person mentioned in section 284(1) of the Merchant Shipping Act 1995.

(5) Where a ship other than a United Kingdom ship is detained under paragraph (1), the Secretary of State must immediately inform in writing, including a copy of the detention notice, 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.

(1)

Section 284 was amended by the Merchant Shipping and Maritime Security Act 1997, Schedule 1 and S.I. 2015/664.

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