# The Merchant Shipping (ISM Code) (Ro-Ro Passenger Ferries) Regulations 1997, Regulation 4: Powers of inspection, suspension of service and detention


(1) (a) Any authorised person may inspect any ship (including auditing its safety management system) and may audit the safety management system of any company.
(b) If an authorised person considers that the company, notwithstanding that it holds a document of compliance, cannot operate a ro-ro ferry on a regular service to or from a port in the United Kingdom for reasons of risks of serious danger to safety of life or property, or environment, the operation of such service (which includes all ships operated by the company on that service) may be suspended.
(c) 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 the Council Regulation he may detain the ship. Any notice of detention shall contain the reasons for detention.
(2) (a) In the circumstances set out in paragraph (1)(b) above the authorised person may serve on the company a notice stating that the operation of the service specified in the notice is suspended.
(b) When the authorised person is satisfied that the danger has been removed, or when it has been decided pursuant to sub-paragraph (c) in Article 7 of the Council Regulation that the suspension is not justified, he shall serve on the company a further notice stating the suspension is ended.
(3) Any company which operates a ship on a service when the service is suspended under paragraph (2)(a) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
(4) 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.
(5) 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 (ISM Code) (Ro-Ro Passenger Ferries) Regulations 1997”.

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Source: https://www.legislation.gov.uk/uksi/1997/3022/regulation/4 (the official version)
Page: https://openlegislation.uk/merchant-shipping-ism-code-ro-ro-passenger-ferries-regulations-1997/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.