{
  "url": "https://openlegislation.uk/merchant-shipping-port-state-control-regulations-1995/regulation-12",
  "json_url": "https://openlegislation.uk/merchant-shipping-port-state-control-regulations-1995/regulation-12.json",
  "legislation": "uksi/1995/3128",
  "legislation_title": "The Merchant Shipping (Port State Control) Regulations 1995",
  "legislation_url": "https://openlegislation.uk/merchant-shipping-port-state-control-regulations-1995",
  "path": "regulation/12",
  "kind": "regulation",
  "number": "12",
  "heading": "Right of appeal and compensation",
  "text": "(1) If on a reference under regulation 11 relating to a detention notice:\n(a) the arbitrator decides that the owner has proved that any matter did not constitute a valid basis for the inspector’s opinion; and\n(b) it appears to him that the owner has proved that there were no reasonable grounds for the inspector to form that opinion;\nthe arbitrator shall award the owner of the ship such compensation in respect of any loss suffered in consequence of the detention of the ship as the arbitrator thinks fit.\n(2) Any compensation awarded under this regulation shall be payable by the Secretary of State.\n(3) In the application of this regulation to Scotland any reference to an arbitrator shall be construed as a reference to an arbiter.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "applied (with modifications)",
      "affecting": "uksi/2010/330",
      "affecting_title": "The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010"
    },
    {
      "type": "applied",
      "affecting": "uksi/1997/1320",
      "affecting_title": "The Merchant Shipping (Safe Manning, Hours of Work and Watchkeeping) Regulations 1997"
    },
    {
      "type": "applied (with modifications)",
      "affecting": "uksi/2009/2796",
      "affecting_title": "The Merchant Shipping (Anti-Fouling Systems) Regulations 2009"
    },
    {
      "type": "applied (with modifications)",
      "affecting": "uksi/2010/2984",
      "affecting_title": "The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010"
    },
    {
      "type": "applied (with modifications)",
      "affecting": "uksi/2010/2987",
      "affecting_title": "The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010"
    },
    {
      "type": "applied (with modifications)",
      "affecting": "uksi/2010/323",
      "affecting_title": "The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 2010"
    },
    {
      "type": "applied (with modifications)",
      "affecting": "uksi/2010/332",
      "affecting_title": "The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Work at Height) Regulations 2010"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2003/1636",
      "affecting_title": "The Merchant Shipping (Port State Control) (Amendment) Regulations 2003"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2003/1636",
      "affecting_title": "The Merchant Shipping (Port State Control) (Amendment) Regulations 2003"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1995/3128/regulation/12",
    "retrieved_at": "2026-10-29T12:56:52.884381+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."
}