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

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Arbitration and compensation

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23.—(1) Sections 96 and 97 of the Merchant Shipping Act 1995 (arbitration and compensation) apply in relation to a detention notice under regulation 21(4) as they apply to a detention notice under section 95(3).

(2) In its application by virtue of paragraph (1), section 96 (references of detention notices to arbitration) applies as if—

(a)in subsection (1), for the words “owner of a ship” there were substituted “shipowner in relation to the ship”;

(b)in subsection (2)—

(i)for the words “owner of a ship” there were substituted “shipowner in relation to the ship”; and

(ii)the words from “unless” to the end were omitted;

(c)in subsection (3), the words “to whether the ship was or was not a dangerously unsafe ship” were omitted.

(d)in subsection (5), the words “as a dangerously unsafe ship” were omitted; and

(e)for subsection (11) there were substituted—

(11) In this section “relevant inspector” means any person mentioned in paragraph (a), (b) or (c) of section 258(1) or, in the case of a United Kingdom ship, a proper officer..

(3) In its application by virtue of paragraph (1), section 97 (compensation in connection with invalid detention of a ship) applies as if—

(a)for subsection (1) there were substituted—

(1) If on a reference under section 96 relating to a detention notice, the shipowner in relation to 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 shipowner such compensation in respect of any loss suffered by the shipowner in consequence of the detention of the ship as the arbitrator thinks fit.; and

(b)for subsection (4) there were substituted—

(4) In this section “relevant inspector” means any person mentioned in paragraph (1), (b) or (c) of section 258(1) or, in the case of a United Kingdom ship, a proper officer..

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