The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014
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Change 1
57 Failure to repatriate - detention of non-United Kingdom ships with MLC documentation at request of foreign State
(1) 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 A2.5.1 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). (2) A ship may not be detained under this regulation unless the Secretary of State receives satisfactory evidence that— (a) the State has incurred costs pursuant to paragraph 5 of Standard A2.5.1 (repatriation) of the MLC in connection with a failure of the shipowner to comply with its legal duties concerning repatriation; and (b) a request for reimbursement has been made but those costs have not been reimbursed. (3) Where a ship is detained under this regulation and the Secretary of State receives— (a) satisfactory evidence that the costs referred to in paragraph (2) have been reimbursed; or (b) 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.
57 Failure to repatriate - detention of non-United Kingdom ships with MLC documentation at request of foreign State
(1) 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 A2.5.1 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). (2) A ship may not be detained under this regulation unless the Secretary of State receives satisfactory evidence that— (a) the State has incurred costs pursuant to paragraph 5 of Standard A2.5.1 (repatriation) of the MLC in connection with a failure of the shipowner to comply with its legal duties concerning repatriation; and (b) a request for reimbursement has been made but those costs have not been reimbursed. (3) Where a ship is detained under this regulation and the Secretary of State receives— (a) satisfactory evidence that the costs referred to in paragraph (2) have been reimbursed; or (b) 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.
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