The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025
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Change 1
24 Detention of vessels
(1) For the purposes of this regulation, any reference to “the Act” is a reference to the Merchant Shipping Act 1995. (2) Where a person with power to detain a vessel has clear grounds for believing that there is a contravention of any of the requirements of these Regulations in relation to that vessel, the vessel may be detained in the United Kingdom. (3) Section 284 of the Act (enforcing detention of ship) applies where a vessel is liable to be detained under this regulation as if— (a) references to detention of a ship under the Act were references to detention of the vessel in question under this regulation; and (b) subsection (7) were omitted. (4) Where a vessel is liable to be detained under this regulation, the person detaining the vessel must serve on the master a detention notice which— (a) states the grounds for the detention; and (b) requires the terms of the notice to be complied with until the vessel is released by any person mentioned in section 284(1) of the Act. (5) Subject to paragraph (6), section 96 (references of detention notices to arbitration) and section 97 (compensation in connection with invalid detention of a ship) of the Act apply in relation to a detention notice issued pursuant to this regulation as they apply in relation to detention notices issued pursuant to section 95 (power to detain dangerously unsafe ship). (6) For the purposes of paragraph (5)— (a) section 96 of the Act applies as if— (i) subsection (3) were omitted; (ii) the words “as a dangerously unsafe ship” in subsection (5) were omitted; (iii) subsection (11) were omitted; and (b) sections 96 and 97 of the Act apply as if “the relevant inspector” means a person issuing the detention notice pursuant to this regulation. (7) Subject to paragraph (8), where a non-United Kingdom vessel is detained, the Secretary of State must immediately inform the vessel’s flag administration in writing. (8) If it is not possible to inform the vessel’s flag administration in accordance with paragraph (7), the Secretary of State must inform the Consul of the State of the flag administration, or in the absence of a Consul, the nearest diplomatic representative of the State of the flag administration. (9) For the purposes of paragraphs (7) and (8), “flag administration” in relation to a vessel means the administration of the State whose flag the vessel is entitled to fly.
24 Detention of vessels
(1) For the purposes of this regulation, any reference to “the Act” is a reference to the Merchant Shipping Act 1995. (2) Where a person with power to detain a vessel has clear grounds for believing that there is a contravention of any of the requirements of these Regulations in relation to that vessel, the vessel may be detained in the United Kingdom. (3) Section 284 of the Act (enforcing detention of ship) applies where a vessel is liable to be detained under this regulation as if— (a) references to detention of a ship under the Act were references to detention of the vessel in question under this regulation; and (b) subsection (7) were omitted. (4) Where a vessel is liable to be detained under this regulation, the person detaining the vessel must serve on the master a detention notice which— (a) states the grounds for the detention; and (b) requires the terms of the notice to be complied with until the vessel is released by any person mentioned in section 284(1) of the Act. (5) Subject to paragraph (6), section 96 (references of detention notices to arbitration) and section 97 (compensation in connection with invalid detention of a ship) of the Act apply in relation to a detention notice issued pursuant to this regulation as they apply in relation to detention notices issued pursuant to section 95 (power to detain dangerously unsafe ship). (6) For the purposes of paragraph (5)— (a) section 96 of the Act applies as if— (i) subsection (3) were omitted; (ii) the words “as a dangerously unsafe ship” in subsection (5) were omitted; (iii) subsection (11) were omitted; and (b) sections 96 and 97 of the Act apply as if “the relevant inspector” means a person issuing the detention notice pursuant to this regulation. (7) Subject to paragraph (8), where a non-United Kingdom vessel is detained, the Secretary of State must immediately inform the vessel’s flag administration in writing. (8) If it is not possible to inform the vessel’s flag administration in accordance with paragraph (7), the Secretary of State must inform the Consul of the State of the flag administration, or in the absence of a Consul, the nearest diplomatic representative of the State of the flag administration. (9) For the purposes of paragraphs (7) and (8), “flag administration” in relation to a vessel means the administration of the State whose flag the vessel is entitled to fly.
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