The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk) Regulations 2018

Right of appeal and compensation

37.—(1) Regulations 15 and 16 of the Merchant Shipping (Port State Control) Regulations 2011(1) (arbitration and compensation) apply in relation to the exercise of the powers of detention under these Regulations as they apply in relation to the exercise of those powers under Part 1 of those Regulations, subject to the modifications in paragraph (2).

(2) The modifications are—

(a) references to “inspector” are to be read as references to the authority detaining the ship, or the harbour master, as the case may be;

(b) references to—

(i) “issue of a refusal of access notice”;

(ii) “refusal of access”;

(iii) “refusal of access notice”;

(iv) “served with a refusal of access notice”; and

(v) “service of a refusal of access notice”,

are omitted; and

(c) in regulation 16(2) after the word “State” insert “, except where the ship is detained by a harbour master, in which case any compensation awarded under this section is payable by the harbour authority.”.

(1)

S.I. 2011/2601. There are amendments to this instrument which are not relevant to these Regulations.