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Regulation 26 Costs

Original text. Later amendments are not shown.

(1)

All costs relating to any inspection for the purposes of, or in connection with, a refusal of access notice (including the lifting of a refusal of access notice) for which these Regulations provide are recoverable from the company, owner or their representative in the United Kingdom.

(2)

Where a ship is detained for deficiencies in relation to the requirements of a Convention or to regulation 12(6), the owner or their representative in the United Kingdom is liable to pay—

(a)

all costs of inspections which confirm or reveal—

(i)

deficiencies in relation to the requirements of a Convention warranting the detention of the ship, or

(ii)

that the ship is not equipped with a functioning voyage data recorder system when its use is compulsory in accordance with the Merchant Shipping (Safety of Navigation) Regulations 2020, and

(b)

all costs relating to the detention in port or anchorage.

(3)

Any detention in relation to deficiencies under these Regulations, or a Convention enactment must not be lifted until any appropriate fee payable and any other costs payable under paragraphs (1) and (2) have been paid, or the person to whom they are due has been provided with sufficient security for them.

(4)

In paragraph (3), “appropriate fee” means in the case of a detention made in relation to deficiencies under these Regulations or a Convention enactment, a fee payable under the Merchant Shipping (Fees) Regulations 2018f1 in respect of an inspection leading to, or arising from, the detention.

Annotations

Footnotes

f1

S.I. 2018/1104, amended by S.I. 2025/1103; there are other amending instruments, but none is relevant.