{
  "url": "https://openlegislation.uk/merchant-shipping-international-safety-management-ism-code-regulations-1998/regulation-16",
  "json_url": "https://openlegislation.uk/merchant-shipping-international-safety-management-ism-code-regulations-1998/regulation-16.json",
  "legislation": "uksi/1998/1561",
  "legislation_title": "The Merchant Shipping (International Safety Management (ISM) Code) Regulations 1998",
  "legislation_url": "https://openlegislation.uk/merchant-shipping-international-safety-management-ism-code-regulations-1998",
  "path": "regulation/16",
  "kind": "regulation",
  "number": "16",
  "heading": "Powers of audit, inspection, suspension of service and detention",
  "text": "(1) (a) Any authorised person may audit the safety management system of any company.\n(b) If an authorised person considers that a company, notwithstanding that it holds a Document of Compliance, is unable to operate ships without creating a risk of—\n(i) serious danger to safety of life; or\n(ii) serious damage to property; or\n(iii) serious harm to the environment,\nor that the company does not hold a Document of Compliance, he may suspend the operation of ships by that company until such time as any such risk is removed or a valid Document of Compliance is held.\n(c) Where a service is to be suspended pursuant to sub-paragraph (b) above the authorised person shall serve on the company a notice stating that the operation of the service specified in the notice shall be suspended.\n(2) (a) Any authorised person may inspect any ship, and any such inspection may include an audit of its safety management system.\n(b) If an authorised person is satisfied on inspecting a ship that there is a failure to comply in relation to that ship with the requirements of regulation 4 or 5 he may detain the ship.\n(c) In any case where a ship is liable to be detained, section 284 of the Merchant Shipping Act 1995 (which relates to the detention of the ship) shall have effect in relation to the ship subject to the modification that as if for the words “this Act” wherever they appear, there were substituted “the Merchant Shipping (International Safety Management (ISM) Code) Regulations 1998.”\n(d) Where a ship is detained in relation to a failure to comply with a requirement of these Regulations sections 96 and 97 of the Merchant Shipping Act 1995 shall apply to the notice of detention as they apply to a detention notice under section 95, and as if for references to the ship being dangerously unsafe there were substituted references to it being in breach of these Regulations.\n(3) An authorised person exercising functions under this regulation shall have the powers conferred on an inspector by section 259 of the Merchant Shipping Act 1995.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 284 was amended by the Merchant Shipping and Maritime Security Act 1997, Schedule 1, paragraph 5."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2001/3209",
      "affecting_title": "The Merchant Shipping (Domestic Passenger Ships) (Safety Management Code) Regulations 2001"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2001/3209",
      "affecting_title": "The Merchant Shipping (Domestic Passenger Ships) (Safety Management Code) Regulations 2001"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2001/3209",
      "affecting_title": "The Merchant Shipping (Domestic Passenger Ships) (Safety Management Code) Regulations 2001"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/1561/regulation/16",
    "retrieved_at": "2026-10-29T11:26:40.624106+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."
}