Regulation 8 Detention notices
United Kingdom
Where a duly authorised officer proposes to detain a ship pursuant to the control and compliance measures specified in Regulation 9 of Chapter XI-2 of the SOLAS Convention, he shall serve on the master of the ship a notice (in this part referred to as a detention notice) which states that the duly authorised officer is detaining the ship because he has grounds for believing that—
the ship is not in compliance with Chapter XI-2 of the SOLAS Convention, or
the ship is not in compliance with Part A of the ISPS Code, or
there has been a failure to make available for inspection a valid International Ship Security Certificate or a valid Interim International Ship Security Certificate issued under Part A of the ISPS Code.
A detention notice shall specify the steps that the duly authorised officer requires to be taken in respect of the ship in order to secure its release from detention.
A detention notice shall require the master to take steps to ensure that the ship does not proceed to sea while the detention notice is in force.
The master of a ship in respect of which a detention notice is served may object to the notice in writing to the Secretary of State.
On receipt of an objection to a detention notice served under paragraph (1) the Secretary of State shall—
consider the objection;
allow the person making the objection and the duly authorised officer who gave the notice an opportunity to make written or oral representations to the Secretary of State or a person appointed by him;
confirm, modify or cancel the notice, and
give notice of his decision in writing to the person who made the objection and to the duly authorised officer who served the notice.
The Secretary of State shall include in his decision a finding as to whether in relation to any of the matters specified in respect of a ship in a detention notice in pursuance of paragraph (1), there was or was not a valid basis for the detention of the ship.
A detention notice in respect of a ship shall continue in force until—
a duly authorised officer cancels it by notice in writing.
the Secretary of State cancels it under paragraph (5)(c).
A person commits an offence if without reasonable excuse he fails to comply with a requirement of a detention notice.
A person who is guilty of an offence under paragraph (8) shall be liable —
on summary conviction, to a fine not exceeding F1the statutory maximum, or
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years.
Annotations
Textual amendments
- F1
Words in reg. 8(9)(a) substituted (1.7.2005) by The Ship and Port Facility (Security) (Amendment) Regulations 2005 (S.I. 2005/1434), regs. 1, 2(3)