Regulation 57 Failure to repatriate - detention of non-United Kingdom ships with MLC documentation at request of foreign State
United Kingdom
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).
A ship may not be detained under this regulation unless the Secretary of State receives satisfactory evidence that—
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
a request for reimbursement has been made but those costs have not been reimbursed.
Where a ship is detained under this regulation and the Secretary of State receives—
satisfactory evidence that the costs referred to in paragraph (2) have been reimbursed; or
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)