Part IIIU.K. Miscellaneous Provisions relating to Merchant Shipping etc.

Safety of navigation, oil pollution etc.U.K.

[F130A Power to detain unsafe shipU.K.

(1)Where a ship in a port in the United Kingdom appears to a relevant inspector to be an unsafe ship the ship may be detained.

(2)The power of detention conferred by subsection (1) above is exercisable in relation to foreign ships as well as United Kingdom ships.

(3)The officer detaining the ship shall serve on the master of the ship a detention notice which shall—

(a)state that the relevant inspector is of the opinion that the ship is an unsafe ship;

(b)specify the matters which, in the relevant inspector’s opinion, make the ship an unsafe ship; and

(c)prohibit the ship from going to sea until it is released by competent authority.

(4)In the case of a ship which is not a British ship the officer detaining the ship shall cause a copy of the detention notice to be sent as soon as practicable to the nearest consular officer for the country to which the ship belongs.

(5)In this section—

  • “competent authority” means any officer mentioned in section 692(1) of the 1894 Act;

  • “relevant inspector” means any person mentioned in paragraph (a), (b) or (c) of section 76(1) of the Merchant Shipping Act 1970; and

  • “unsafe ship” means a ship which is not fit to go to sea as mentioned in section 30(1) of this Act;

and the reference to going to sea shall be construed in accordance with subsection (9) of section 30.]

Textual Amendments