{
  "url": "https://openlegislation.uk/merchant-shipping-survey-and-certification-regulations-1995/regulation-25",
  "json_url": "https://openlegislation.uk/merchant-shipping-survey-and-certification-regulations-1995/regulation-25.json",
  "legislation": "uksi/1995/1210",
  "legislation_title": "The Merchant Shipping (Survey and Certification) Regulations 1995",
  "legislation_url": "https://openlegislation.uk/merchant-shipping-survey-and-certification-regulations-1995",
  "path": "regulation/25",
  "kind": "regulation",
  "number": "25",
  "heading": "Powers to detain",
  "text": "(1) In any case where a ship does not comply with the requirements of these Regulations, the ship shall be liable to be detained and section 692 of the Merchant Shipping Act 1894 (which relates to the detention of a 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 (Survey and Certification) Regulations 1995”.\n(2) Sections 4 and 5 of the Merchant Shipping Act 1984(Arbitration and Compensation) shall apply in relation to a detention notice or order under this regulation as those sections apply in relation to a prohibition notice under section 2 of that Act, subject however to the following modifications:\n(a) the substitution of references to a detention order or notice for references to prohibition notices;\n(b) the substitution of references to the officer detaining the ship for references to the inspector referred to in those sections;\n(c) the right to refer a question to the arbitrator shall be available to the owner of the ship whether or not the master of the ship also exercises that right;\n(d) the giving of the notice referring the question to the arbitrator shall not suspend the operation of the detention notice unless, on the application of the person referring the question, the arbitrator so directs; and\n(e) the arbitration shall have regard in coming to a decision to any other matters not specified in the detention notice which appear to him to be relevant to whether or not the ship was in breach of a requirement of these Regulations; and\n(f) the arbitrator shall include in his decision a finding whether there was or was not a valid basis for the detention of the ship as not complying with the requirements of these Regulations.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 692 was amended by the Merchant Shipping Act 1979, Schedule 6 and the Merchant Shipping Act 1988, Schedule 6."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1984 c. 5."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1995/1210/regulation/25",
    "retrieved_at": "2026-10-29T13:10:08.921449+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."
}