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Version Superseded: 01/01/1996
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(1)Where under this Act a ship is to be or may be detained, any commissioned officer on full pay in the naval or military service of Her Majesty, or any officer of the Board of Trade, or any [F1officer of customs and excise], or any British consular officer may detain the ship, and if the ship after detention or after service on the master of any notice of or order for detention proceeds to sea before it is released by competent authority, the master of the ship, and also the owner, and any person who sends the ship to sea, if that owner or person is party or privy to the offence, shall be [F2liable on conviction on indictment to a fine and on summary conviction to a fine not exceeding fifty thousand pounds.].
(2)Where a ship so proceeding to sea takes to sea when on board thereof in the execution of his duty any officer authorised to detain the ship, or any surveyor or officer of the Board of Trade or any [F1officer of customs and excise], the owner and master of the ship shall each be liable to pay all expenses of and incidental to the officer or surveyor being so taken to sea, and also [F3on conviction on indictment to a fine or on summary conviction to a fine not exceeding one thousand pounds.]
(3)Where under this Act a ship is to be detained, an [F1officer of customs and excise] shall, and where under this Act a ship may be detained an [F1officer of customs and excise] may, refuse to clear that ship outwards or to grant a transire to that ship.
(4)Where any provision of this Act provides that a ship may be detained until any document is produced to the proper [F1officer of customs and excise], the proper officer shall mean, unless the context otherwise requires, the officer able to grant a clearance or transire to such ship.
[F4X1(5)In its application to the Isle of Man, this section shall have effect as if for any reference to an officer of customs there were substituted a reference to an officer of the Isle of Man Harbour Board.]
[F5X1(5)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.]
Editorial Information
X1S. 692(5) commencing “In its application” inserted at the end of S. 692 by S.I. 1980/399, Sch. Pt. I para. 9 and another S. 692(5) commencing “Any reference” added by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(4), Sch. 6 (with s. 58(4), Sch. 8 para. 1)
Textual Amendments
F1Words substituted by virtue of Customs and Excise Management Act 1979 (c. 2), Sch. 4 para. 1
F2Words substituted by Merchant Shipping Act 1979 (c. 39), Sch. 6 Pt. VII para. 10
F3Words substituted by Merchant Shipping Act 1979 (c. 39), Sch. 6 Pt. VII para. 11
F4S. 692(5) inserted by S.I. 1980/399, Sch. Pt. I para. 9
F5S. 692(5) added by Merchant Shipping Act 1988 (c. 12, SIF 111), s. 57(4), Sch. 6 (with s. 58(4), Sch. 8 para. 1)
Modifications etc. (not altering text)
C1Power to modify s. 692 conferred by Merchant Shipping Act 1979 (c. 39), s. 21(6)(a)
C2S. 692 extended (with modifications) by S.I. 1983/708, regs. 2, 6
C3S. 692 modified by S.I. 1980/529, reg. 30, 1980/538, reg. 54, 1981/572, reg. 81, 1981/573, reg. 9, 1981/583, reg. 8, 1981/1729, reg. 17, 1981/1747, reg. 15, 1982/1699, regs. 3, 12(4), 1983/808, regs. 3, 14, 1983/1398, regs. 2(1)(2), 33(1)(2), 1984/408, regs. 3, 14, 1984/1203, regs. 2(4), 47, 1984/1216, regs. 1(3), 87, 1984/1217, regs. 1(3)(a), 65, 1984/1218, regs. 1(4), 147, 1985/1217, regs. 2, 9, 1985/1218, regs. 1, 76, 1985/1664, regs. 3, 15
C5S. 692 applied with modifications by S.I. 1989/100, reg. 14, 1989/1798, reg. 6
C6S. 692 applied with modifications (2.4.1991) by S.I. 1991/65, reg.12
C7S. 692 extended (with modifications) (1.2.1992) by S.I. 1992/3, reg.46
C8S. 692 applied (with modifications) (28.7.1992) by S.I. 1992/1564, reg. 8
C9S. 692 modified (31.10.1995) by S.I. 1995/2498, reg. 18
C10S. 692 modified (1.8.1995) by S.I. 1995/1802, reg. 15
C11S. 692 applied (with modifications) by S.I. 1995/157, reg. 9
C12S. 692(1)–(3) applied with modifications by S.I. 1986/144, reg. 13, 1986/1066, reg. 29, 1986/1068, reg. 11, 1986/1073, reg. 11, 1987/549, reg. 11, 1987/550, reg. 11, 1987/551, reg. 30, 1988/38, reg. 7, 1988/1547, reg. 12, 1988/1636, reg. 9, 1988/1637, reg. 15, 1988/1638, reg. 12, 1988/1639, reg. 15, 1988/1641, reg. 16, 1988/1716, reg. 11, 1989/102, reg. 10, 1990/660, reg. 8, 1990/2605, reg. 18(1)
S. 692(1)-(3) modified by: (15.2.1993) S.I. 1993/69, reg.47; (13.5.1993 and 1.4.1994) S.I. 1993/1072, regs. 1,19; (1.10.1993) S.I. 1993/1213, reg.16
C13S. 692(1) applied with modifications by Prevention of Oil Pollution Act 1971 (c.60, SIF 111), s. 19A(2) (as inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 148(1), Sch. 14 para. 3)
C14S. 692(1)(2) applied with modifications (12.2.1992) by S.I. 1983/1398, reg. 36(2) (as inserted by S.I. 1992/98, reg. 2)
C15S. 692(1)-(3) applied (with modifications) (31.10.1992) by S.I. 1992/2359, reg. 25(1)
C16S. 692(1)-(3) modified (19.5.1994) by S.I. 1994/1383, reg. 8
C17S. 692(1)-(3) applied (with modifications) (1.10.1994) by S.I. 1994/2464, reg. 11
C18S. 692(2) amended by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 49(1)
C19S. 692(2) applied with modifications by Prevention of Oil Pollution Act 1971 (c. 60, SIF 111), s. 19A(2) (as inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 148(1), Sch. 14 para. 3)
C20S. 692(5) modifed by S.I 1988/1636, reg. 9, 1988/1637, reg. 15, 1988/1638, reg. 12, 1988/1639, reg. 15, 1988/1641, reg. 16
S. 692(5) modified (15.2.1993) by S.I. 1993/69, reg.47
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