Regulation 21 Compensation for unjustified detention

(1)

Paragraph (2) applies where, on a reference under regulation 20 relating to a detention notice or refusal of access notice, the arbitrator decides that the owner or master has proved—

(a)

that there was not a valid basis for the inspector’s opinion referred to in regulation 20(1)(b), and

(b)

that there were no reasonable grounds for the issue of the detention notice or refusal of access notice.

(2)

The arbitrator must award the owner or master of the ship compensation in respect of any loss suffered in consequence of, as the case may be, the detention of the ship or the issue of a refusal of access notice, as the arbitrator thinks fit.

(3)

Any compensation awarded under this regulation is payable by the Secretary of State.

(4)

In the application of this regulation to Scotland any reference to an arbitrator is to be construed as a reference to an arbiter.