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The Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013

The Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013 reg 20

reg 20 Detention of non-United Kingdom ships

(1) Where a relevant inspector inspects a ship under regulation 19 and has clear grounds for believing that— (a) the ship does not comply with the requirements of the Maritime Labour Convention, 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 Maritime Labour Convention (including the rights of seafarers referred to in Articles III and IV of the Maritime Labour Convention which are secured by it), the ship is liable to be detained. (2) 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. (3) 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 or controlled waters. (4) Where a ship is liable to be detained under this regulation, section 284 of the Act 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 this regulation, 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 but the failure to comply referred to in paragraph (1) has ceased, a person having power to detain the ship must, at the request of the shipowner or master, immediately release the ship.

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