OpenLegislation

Article 48 Power to detain vessels and aircraftC1C2C3C4C5

(1)

Where an inspector is satisfied that this Order or an order of the Department has not been or is not being complied with on board a vessel in a port or an aircraft in an aerodrome, then, on the representation in writing to that effect of the inspector, stating particulars of non-compliance, the vessel or aircraft may be detained until the Department otherwise directs.

(2)

The officer detaining the vessel or aircraft shall forthwith deliver a copy of the representation to the master of the vessel or pilot of the aircraft or other person having the command or charge of the vessel or aircraft as the case may be.

(3)

F1Section 284 of the Merchant Shipping Act 1995, shall apply in the case of such detention of a vessel as if it were authorised or ordered under that Act, and the Department may by order modify that section or may make such other provision instead of it as the Department thinks expedient, for the purpose of such detention of an aircraft.

Annotations

Textual amendments

F1

1995 c.21

Modifications

C1

Art. 48 applied (23.2.2006) by Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006 (S.R. 2006/43), reg. 36(1)(c)

C2

Art. 48 applied (10.2.2007) by Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007 (S.R. 2007/68), reg. 84(f) (with reg. 3)

C3

Art. 48 applied (24.3.2007) by Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007 (S.R. 2007/208), reg. 22(e)

C4

Art. 48 applied (14.8.2007) by Export Restrictions (Foot-and-Mouth Disease) Regulations (Northern Ireland) 2007 (S.R. 2007/357), reg. 13(3)(c)

C5

Art. 48 applied (30.6.2009) by Swine Vesicular Disease Regulations (Northern Ireland) 2009 (S.R. 2009/223), reg. 37(5)(c)