Regulation 19 Rights of appeal and compensation

Regulations 20 and 21 apply in relation to the exercise of the power of detention or refusal of access in any Convention enactment except the Act and the Merchant Shipping (Survey and Certification) Regulations 2015^f1.

Section 96^f2 of the Act (references of detention notices to arbitration) applies in relation to a refusal of access notice issued under these Regulations as it applies to a detention notice under section 95(3)^f3 of that Act, as if it were modified as follows—

Where a reference has been made under section 96 of the Act (references of detention notices to arbitration) in relation to a ship to which these Regulations applies, section 97 of the Act (compensation in connection with invalid detention of ship) applies as if, for subsection (1), there were substituted—

“(1)

If, on a reference under section 96 relating to a detention notice or refusal of access notice issued in relation to a ship, the owner of the ship shows to the satisfaction of the arbitrator that—

(a)

any matter did not constitute a valid basis for the relevant inspector’s opinion, and

(b)

there were no reasonable grounds for the inspector to form that opinion,

the arbitrator may award the owner compensation in respect of any loss suffered by him in consequence of the detention of the ship or the service of the refusal of access notice as the arbitrator thinks fit.”.