Non-compliance or suspected non-compliance17

1

Where—

a

the master of a ship has not complied with the requirement in regulation 11(2) or (3) to notify a harbour authority or terminal operator, as the case may be; or

b

a harbour authority or terminal operator has clear evidence that a ship has proceeded to sea without the master having complied with regulation 12(1) or 16(1), as the case may be,

the harbour authority or terminal operator shall immediately inform the Maritime and Coastguard Agency.

2

Where there is clear evidence that a ship has proceeded to sea without having complied with regulation 12(1) or 16(1) the Secretary of State shall, if the next port of call of the ship is a port of another member State, inform the competent authority of the State in which the port is situated about the ship and the evidence.

3

Where the Maritime and Coastguard Agency has been informed by another competent authority of a ship in respect of which there is clear evidence of the type mentioned in paragraph (1) the Agency shall inspect the ship at the earliest opportunity.