Merchant Shipping Act 1995 · 2020 Revised Edition · Part 5 · Survey and Safety
113. Detention of unsafe ship
Feedback & supportThe Director may order any ship, which is an unsafe ship or appears to him or her to be an unsafe ship, to be provisionally detained.
Director
“Director” means the Director of Marine appointed under section 4 and includes the Deputy Director of Marine;
When any ship has been provisionally detained, a notification of the provisional detention of the ship must be immediately served on the master of the ship, together with a statement of the grounds of detention.
ship
“ship” means any kind of vessel used in navigation by water, however propelled or moved and includes —(a)a barge, lighter or other floating vessel;(b)an air-cushion vehicle, or other similar craft, used wholly or primarily in navigation by water; and(c)an off-shore industry mobile unit;
The Director may appoint a competent person to survey the ship and report to him or her.
On receipt of the report, the Director may either finally detain the ship or order its release unconditionally or on any conditions that the Director thinks fit.
Before the order for final detention is issued, the master of the ship must be furnished with a copy of the report and the master may, within 7 days after receipt of the copy, appeal to the Minister.
master
“master” includes every person, except a pilot, having command or charge of any ship;
The Minister may, upon appeal under subsection (5), order the final detention of the ship or order its release unconditionally or subject to any conditions that the Minister thinks fit.
When any order for the final detention of a ship has been made, the ship must not be released until the Director or the Minister (as the case may be) is satisfied that its further detention is no longer necessary and orders its release.