OpenLegislation

Regulation 57 Failure to repatriate - detention of non-United Kingdom ships with MLC documentation at request of foreign State

United Kingdom

(1)

Subject to paragraph (2), a ship is liable to be detained if the Secretary of State receives a request from the consul, diplomatic representative or appropriate maritime authorities of another State which has ratified the MLC that the ship be detained pursuant to paragraph 6 of Standard F1A2.5.1 of the MLC (power for States to detain or request detention of ships in connection with a shipowner defaulting in its duty to repatriate a seafarer).

(2)

A ship may not be detained under this regulation unless the Secretary of State receives satisfactory evidence that—

(a)

the State has incurred costs pursuant to paragraph 5 of Standard F2A2.5.1 (repatriation) of the MLC in connection with a failure of the shipowner to comply with its legal duties concerning repatriation; and

(b)

a request for reimbursement has been made but those costs have not been reimbursed.

(3)

Where a ship is detained under this regulation and the Secretary of State receives—

(a)

satisfactory evidence that the costs referred to in paragraph (2) have been reimbursed; or

(b)

a request from the consul, diplomatic representative or appropriate maritime authorities of the relevant State that the ship be released from detention,

a person having power to detain the ship must immediately release the ship.

Annotations

Textual amendments

F1

Word in reg. 57(1) substituted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(8)

F2

Word in reg. 57(2)(a) substituted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(8)