{
  "url": "https://openlegislation.uk/merchant-shipping-international-safety-management-ism-code-regulations-2026/regulation-27",
  "json_url": "https://openlegislation.uk/merchant-shipping-international-safety-management-ism-code-regulations-2026/regulation-27.json",
  "legislation": "uksi/2026/194",
  "legislation_title": "The Merchant Shipping (International Safety Management (ISM) Code) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/merchant-shipping-international-safety-management-ism-code-regulations-2026",
  "path": "regulation/27",
  "kind": "regulation",
  "number": "27",
  "heading": "Detention",
  "text": "(1) A ship may be detained where the person with power to detain the ship has clear grounds for believing that there is a contravention of any of the requirements of these Regulations in relation to that ship.\n(2) Section 284 of the 1995 Act (enforcing detention of ship) applies where a ship is liable to be detained under this regulation as if—\n(a) references to the detention of a ship under the 1995 Act were references to the detention of the ship in question under this regulation;\n(b) references to the owner of the ship were references to the ISM company; and\n(c) subsection (7) were omitted.\n(3) Where a ship is liable to be detained under this regulation, the person detaining the ship must serve on the master a detention notice which—\n(a) states the grounds for the detention; and\n(b) requires the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the 1995 Act.\n(4) Subject to paragraph (5), section 96 (references of detention notices to arbitration) and section 97 (compensation in connection with invalid detention of a ship) of the 1995 Act apply in relation to a detention notice served pursuant to this regulation as they apply in relation to detention notices served pursuant to section 95 (power to detain dangerously unsafe ship).\n(5) For the purposes of paragraph (4)—\n(a) section 96 of the 1995 Act applies as if—\n(i) subsection (3) were omitted;\n(ii) the words “as a dangerously unsafe ship” in subsection (5) were omitted;\n(iii) subsection (11) were omitted; and\n(b) sections 96 and 97 of the 1995 Act apply as if “the relevant inspector” means a person serving the detention notice pursuant to this regulation.\n(6) Subject to paragraph (7), where a non-United Kingdom ship is detained, the Secretary of State must immediately inform the ship’s flag administration, in writing.\n(7) If it is not possible to inform the ship’s flag administration in accordance with paragraph (6), the Secretary of State must inform the Consul of the State of the flag administration, or in the absence of a Consul, the nearest diplomatic representative of the State of the flag administration.\n(8) Where a ship is detained under paragraph (1) but the relevant contravention has ceased, a person having power to detain the ship must, at the request of the ISM company or master, immediately release the ship—\n(a) if no proceedings for any of the offences referred to in regulation 24 (offences) are instituted within the period of seven days beginning with the day on which the ship is detained;\n(b) if proceedings for any such offence, having been instituted within that period, are concluded without the relevant defendant being convicted;\n(c) if either—\n(i) the sum of £30,000 is paid to the Secretary of State by way of security, or\n(ii) security which, in the opinion of the Secretary of State, is satisfactory and is for an amount of not less than £30,000 is given to the Secretary of State,\nby or on behalf of the relevant defendant;\n(d) where the relevant defendant is convicted of an offence referred to in regulation 24, if any costs or expenses ordered to be paid by that person, and any fine imposed on that person, have been paid; or\n(e) if the release is ordered by a court or tribunal referred to in article 292 of the United Nations Convention on the Law of the Sea 1982, and any bond or other financial security ordered to be posted by such court or tribunal has been posted.\n(9) The Secretary of State must repay any sum paid pursuant to paragraph (8)(c) or release any security so given—\n(a) if no proceedings for an offence referred to in regulation 24 are instituted within the period of seven days beginning with the day on which the sum is paid or the security is given; or\n(b) if proceedings for such an offence, having been instituted within that period, are concluded without the relevant defendant being convicted.\n(10) Where a sum has been paid, or security has been given, by any person pursuant to paragraph (8)(c) and the relevant defendant is convicted of an offence referred to regulation 24, the sum so paid or the amount made available under the security must be applied as follows—\n(a) first in payment of any costs or expenses ordered by the court to be paid by the relevant defendant;\n(b) next in payment of any fine imposed by the court,\nand any balance must be repaid to the first-mentioned person.\n(11) Section 145 of the 1995 Act (interpretation of section 144) applies for the purposes of paragraphs (8) to (10) as if—\n(a) references to the master or owner of a ship were references to the relevant defendant; and\n(b) references to an offence under section 131 were references to an offence referred to in regulation 24.\n(12) In this regulation “flag administration” means the administration of the State whose flag a ship is entitled to fly.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 284 was amended by Schedule 1 to the Merchant Shipping and Maritime Security Act 1997 (c. 28) and S.I. 2015/664."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 96(7) was amended by Part 1 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) and by Schedule 11 to the Constitutional Reform Act 2005 (c. 4). Section 96(10) was repealed by Schedule 4 to the Arbitration Act 1996 (c. 23)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 95 was amended by Schedule 1 to the Merchant Shipping and Maritime Security Act 1997 (c. 28)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "The United Nations Convention on the Law of the Sea 1982 was originally published in Cmnd. 8941 and subsequently in Cm 4524. Copies of the Convention may be obtained from the United Nations (email doalos@un.org), and at www.un.org/Depts/los/convention_agreements/texts/unclos/unclos_e.pdf or found on the Foreign, Commonwealth and Development Office (FCDO) treaties database (https://treaties.fcdo.gov.uk/data/Library2/pdf/1999-TS0081.pdf)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/194/regulation/27",
    "retrieved_at": "2026-10-28T21:05:24.789877+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."
}