Regulation 20 Right of appeal and compensationI1

United Kingdom

(1)

Regulations F120 (arbitration) and 21 (compensation for unjustified detention) of the Merchant Shipping (Port State Control) Regulations F22026 apply in relation to the exercise of the power of detention under these Regulations as they apply in relation to the exercise of those powers under F3... those Regulations, subject to the modifications referred to in paragraph (2).

(2)

The modifications are—

(a)

references to “inspector” are to be taken as references to the authority detaining the ship, or the harbour master, as the case may be;

(b)

references to—

(i)

“issue of a refusal of access notice”;

F4(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)

“refusal of access notice”;

(iv)

“served with a refusal of access notice”; and

(v)

“service of a refusal of access notice”,

are omitted; and

(c)

in regulation F521(3) after “State” there is added “, except where the ship is detained by a harbour master, in which case any compensation awarded under this section must be paid by the harbour authority.”.

Annotations

Textual amendments

F1: Words in reg. 20(1) substituted (23.6.2026) by The Merchant Shipping (Port State Control) Regulations 2026 (S.I. 2026/563), reg. 1(2), Sch. 4 (with reg. 4)
F2: Word in reg. 20(1) substituted (23.6.2026) by The Merchant Shipping (Port State Control) Regulations 2026 (S.I. 2026/563), reg. 1(2), Sch. 4 (with reg. 4)
F3: Words in reg. 20(1) omitted (23.6.2026) by virtue of The Merchant Shipping (Port State Control) Regulations 2026 (S.I. 2026/563), reg. 1(2), Sch. 4 (with reg. 4)
F4: Reg. 20(2)(b)(ii) omitted (23.6.2026) by virtue of The Merchant Shipping (Port State Control) Regulations 2026 (S.I. 2026/563), reg. 1(2), Sch. 4 (with reg. 4)
F5: Word in reg. 20(2)(c) substituted (23.6.2026) by The Merchant Shipping (Port State Control) Regulations 2026 (S.I. 2026/563), reg. 1(2), Sch. 4 (with reg. 4)

Commencement

I1: Reg. 20 in force at 22.7.2020, see reg. 1(2)