The Merchant Shipping (Watercraft) Order 2023

Power to detain dangerously unsafe watercraft

7.  The following provisions of the 1995 Act apply in relation to watercraft as they apply in relation to ships—

(a) section 94(1) (meaning of “dangerously unsafe ship”), as if in subsection (1) for “96, 97 and 98” there were substituted “96 and 97”;

(b) section 95(2) (power to detain dangerously unsafe ship), as if—

(i) in subsection (2), the reference to United Kingdom ships includes a reference to watercraft whether unregistered or registered in the United Kingdom;

(ii) in the introductory words to subsection (3), the reference to the master of the ship includes a reference to the owner of the watercraft;

(c) section 96(3) (references of detention notice to arbitration);

(d) section 97 (compensation in connection with invalid detention of ship);

(e) section 284(4) (enforcing detention of ship), as if each reference to a master of a ship includes a reference to an operator of a watercraft.

(1)

Section 94 was amended by paragraph 1 of Schedule 1 to the Merchant Shipping and Maritime Security Act 1997.

(2)

Section 95 was amended by paragraph 2 of Schedule 1 to the Merchant Shipping and Maritime Security Act 1997.

(3)

Section 96 was amended by Schedule 4 to the Arbitration Act 1996 (c. 23) and paragraph 26 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c. 15).

(4)

Section 284 was amended by paragraph 5 of Schedule 1 to the Merchant Shipping and Maritime Security Act 1997 and S.I. 2015/664.