Part XIIC1 Legal Proceedings
Detention of ship and distress on ship
C2C45C59C71C43C22C55C52C68C51C67C54C63C39C49C20C24C36C41C23C70C29C35C7C50C66C11C16C8C28C17C69C44C56C64C61C18C40C48C13C46C27C60C26C57C33C65C72C47C32C31C73C34C12C74C75C76C77C78C79284 Enforcing detention of ship.
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Where under this Act a ship is to be or may be detained any of the following officers may detain the ship—
a
any commissioned naval or military officer,
F1b
any officer of a Minister of the Crown or Northern Ireland department who is authorised by the Secretary of State, either generally or in a particular case, to exercise powers under this section,
c
any officer of customs and excise, and
d
any British consular officer.
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A notice of detention may—
a
include a direction that the ship—
i
must remain in a particular place, or
ii
must be moved to a particular anchorage or berth, and
b
if it includes such a direction, may specify circumstances relating to safety or the prevention of pollution in which the master may move his ship from that place, anchorage or berth.
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If a ship as respects which notice of detention has been served on the master proceeds to sea, otherwise than in accordance with such a notice, before it is released by a competent authority, the master of the ship shall be guilty of an offence.
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If a ship as respects which notice of detention has been served on the master fails to comply with a direction given under subsection (1A)(a) above, the master of the ship shall be guilty of an offence.
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A person guilty of an offence under subsection (2) or (2A) above shall be liableF8—
a
on summary conviction, to a fine not exceeding £50,000;
b
on conviction on indictment, to a fine
F8on summary conviction, or on conviction on indictment, to a fine.
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The owner of a ship, and any person who sends to sea a ship, as respects which an offence is committed under subsection (2) F4or (2A) above shall, if party or privy to the offence, also be guilty of an offence under that subsection and liable accordingly.
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Where a ship proceeding to sea in contravention of subsection (2) above F5or failing to comply with a direction given under subsection (1A)(a) aboveF6carries away without his consent any of the following who is on board the ship in the execution of his duty, namely—
a
any officer authorised by subsection (1) above to detain the ship, or
b
any surveyor of ships,
the owner and master of the ship shall each—
i
be liable to pay all expenses of and incidental to the officer or surveyor being so F7carried away; and
ii
be guilty of an offence.
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A person guilty of an offence under subsection (4) above shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
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Where under this Act a ship is to be detained an officer of customs and excise shall, and where under this Act a ship may be detained an officer of customs and excise may, refuse to clear the ship outwards or grant a transire to the ship.
7
When any provision of this Act provides that a ship may be detained until any document is produced to the proper officer of customs and excise the officer able to grant a clearance or transire of the ship is (unless the context otherwise requires) that officer.
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Any reference in this section to proceeding to sea includes a reference to going on a voyage or excursion that does not involve going to sea, and references to sending or taking to sea shall be construed accordingly.
Pt. XII (Ss. 274-291) applied (1.1.1996) by 1995 c. 22, ss. 7(1), 9(4)