{
  "url": "https://openlegislation.uk/draft-merchant-shipping-port-state-control-regulations-2026/regulation-17",
  "json_url": "https://openlegislation.uk/draft-merchant-shipping-port-state-control-regulations-2026/regulation-17.json",
  "legislation": "ukdsi/2026/9780348280098",
  "legislation_title": "The Merchant Shipping (Port State Control) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/draft-merchant-shipping-port-state-control-regulations-2026",
  "path": "regulation/17",
  "kind": "regulation",
  "number": "17",
  "heading": "Duration of refusal of access notice",
  "text": "(1) A refusal of access notice issued by the Secretary of State takes effect—\n(a) when the ship to which it applies leaves the port or anchorage where the refusal of access notice was issued; or\n(b) where the ship to which it applies has already left the port or anchorage, when it is issued.\n(2) A refusal of access notice issued by a member state in respect of a ship in circumstances where it has detained the ship after an inspection reveals deficiencies clearly hazardous to safety, health or the environment but the ship—\n(a) proceeds to sea without complying with the conditions determined by the competent authority of the member state, or\n(b) has been allowed by the competent authority of the member state to proceed to a specified port of repair but proceeds to sea without calling into the specified port of repair or without complying with the conditions determined by the competent authority of the member state,\nceases to have effect if the conditions in paragraph (3) are satisfied.\n(3) The conditions for the purposes of paragraph (2) are that—\n(a) the owner or master has provided evidence to the member state confirming that—\n(i) the flag state of the ship is satisfied that the ship fully complies with all applicable requirements of the relevant Conventions and the Paris MOU,\n(ii) the classification society used for the ship has issued a document confirming that the ship meets the technical standards that apply to the ship including, any evidence of any on-board visit it has undertaken prior to the issue of the document, and\n(b) upon consideration of any evidence from the owner or master, that member state has lifted any refusal of access it imposed in consequence of the matters referred to in regulation 16(2) and (3).\n(4) A refusal of access notice issued by a member state in respect of a ship which it has detained—\n(a) in circumstances where the ship—\n(i) flies the flag of a State which is on the black list; and\n(ii) has previously been detained twice or more in the course of the preceding 36 months in a port or anchorage of a member state; or\n(b) in circumstances where the ship—\n(i) flies the flag of a State which is on the grey list, and\n(ii) has previously been detained twice or more in the course of the preceding 24 months in a port or anchorage of a member state,\nceases to have effect in accordance with paragraph (5) or (6) or becomes permanent in accordance with paragraph (7).\n(5) A first or second refusal of access notice in respect of a ship ceases to have effect—\n(a) when such conditions as the Secretary of State considers relevant taking account of section 4 of the Paris MOU have been met, and\n(b) if it is—\n(i) the first refusal of access notice in respect of that ship, three months have passed from the date of issue of the notice, or\n(ii) the second refusal of access notice in respect of that ship, twelve months have passed from the date of issue of the notice.\n(6) A third refusal of access notice in respect of a ship ceases to have effect if—\n(a) 24 months have passed from the date of issue of the notice,\n(b) the ship flies the flag of a State which is not on the black list or the grey list,\n(c) the statutory certificates and the classification certificates of the ship are issued by an organisation or organisations which are recognised by one or more member states,\n(d) that ship is managed by a company with a high performance determined in accordance with its ships’ deficiency and detention rates within the Paris MOU region, and\n(e) such other conditions as the Secretary of State considers relevant taking account of section 4 of the Paris MOU have been met.\n(7) A refusal of access notice becomes permanent where—\n(a) it is a third refusal of access notice in respect of a ship,\n(b) 24 months have elapsed beginning with the day on which the notice in sub-paragraph (a) was issued, and\n(c) the conditions in paragraphs (6)(b) to (e) have not been met in relation to the ship.\n(8) A refusal of access notice is permanent where it is in respect of a ship which has been detained in circumstances where three previous refusal of access notices have been issued in respect of the ship.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "A freely accessible performance calculator issued by the Paris MOU Organisation is available from their website (https://parismou.org/PMoU-Procedures/company-performance-calculator)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2026/9780348280098/regulation/17",
    "retrieved_at": "2026-10-30T14:37:45.200804+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}