reg 28B Detention of non-United Kingdom ships with MLC documentation
(1) Where a relevant inspector inspects the ship under regulation 28A(1)(b) and has clear grounds for believing that— (a) one or more of the requirements of Regulation 4.3 and Standard A4.3 of the MLC (health and safety protection and accident prevention) have not been complied with; and (b) (i) the conditions on board are clearly hazardous to the safety, health or security of seafarers; or (ii) the non-compliance represents a serious breach or the latest in a series of repeated breaches of the requirements of the MLC (including the rights of seafarers referred to in Articles III and IV of the MLC which are secured by it); the ship is liable to be detained. (2) The power under this regulation to detain a ship may only be exercised if the ship in question is— (a) in a port or shipyard in the United Kingdom; or (b) at an offshore terminal in United Kingdom waters. (3) A person having powers to detain a ship may permit a ship which is liable to be detained under this regulation to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard available. (4) Where a ship is liable to be detained under paragraph (1), section 284 of the Act (enforcing detention of a ship) has effect in relation to that ship as if— (a) references to the owner of a ship were to the shipowner under these Regulations; (b) references to detention of a ship under the Act were references to detention of the ship in question under these Regulations; and (c) subsection (7) were omitted. (5) Where a ship is detained under this regulation the Secretary of State must immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly, or the appropriate maritime authorities of that State, and invite them to send a representative to attend the ship. (6) Where a ship is detained under this regulation and all the grounds for detention have ceased to apply, a person having power to detain the ship must, at the request of the shipowner or master, immediately release the ship.