The Merchant Shipping (Port State Control) Regulations 2026
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Change 1
16 Requirement to issue a refusal of access notice
(1) The Secretary of State must issue a refusal of access notice in respect of a ship to which any of paragraphs (2) to (6) apply. (2) This paragraph applies to a ship which— (a) has been detained in the United Kingdom after an inspection reveals deficiencies clearly hazardous to safety, health or the environment, but (b) proceeds to sea without complying with the conditions determined by the Secretary of State. (3) This paragraph applies to a ship which— (a) has been detained in the United Kingdom after an inspection reveals deficiencies clearly hazardous to safety, health or the environment but has been allowed by the Secretary of State to proceed to a specified port of repair, but (b) proceeds to sea without calling into the specified port of repair or without complying with the conditions determined by the Secretary of State. (4) This paragraph applies to a ship which is detained by the Secretary of State and which— (a) flies the flag of a State which is on the black list, and (b) has previously been detained twice or more in the course of the preceding 36 months in a port or anchorage of a member state. (5) This paragraph applies to a ship which is detained by the Secretary of State and which— (a) flies the flag of a State which is on the grey list, and (b) has previously been detained twice or more in the course of the preceding 24 months in a port or anchorage of a member state. (6) This paragraph applies to a ship which is detained by the Secretary of State and in respect of which three previous refusal of access notices have been issued.
16 Requirement to issue a refusal of access notice
(1) The Secretary of State must issue a refusal of access notice in respect of a ship to which any of paragraphs (2) to (6) apply. (2) This paragraph applies to a ship which— (a) has been detained in the United Kingdom after an inspection reveals deficiencies clearly hazardous to safety, health or the environment, but (b) proceeds to sea without complying with the conditions determined by the Secretary of State. (3) This paragraph applies to a ship which— (a) has been detained in the United Kingdom after an inspection reveals deficiencies clearly hazardous to safety, health or the environment but has been allowed by the Secretary of State to proceed to a specified port of repair, but (b) proceeds to sea without calling into the specified port of repair or without complying with the conditions determined by the Secretary of State. (4) This paragraph applies to a ship which is detained by the Secretary of State and which— (a) flies the flag of a State which is on the black list, and (b) has previously been detained twice or more in the course of the preceding 36 months in a port or anchorage of a member state. (5) This paragraph applies to a ship which is detained by the Secretary of State and which— (a) flies the flag of a State which is on the grey list, and (b) has previously been detained twice or more in the course of the preceding 24 months in a port or anchorage of a member state. (6) This paragraph applies to a ship which is detained by the Secretary of State and in respect of which three previous refusal of access notices have been issued.
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