Merchant Shipping Order, 2002 · As enacted · Part VII
Section 122
Official textFrom Attorney General's Chambers, unchanged
The Director may order any ship, which is an unsafe ship or appears to him 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 shall 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; and (b) an air cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
The Director may appoint a competent person to survey the ship and report to him.
On receipt of the report, the Director may either finally detain the ship or order its release unconditionally or on such conditions as he thinks fit.
Before the order for final detention is issued, the master of the ship shall be furnished with a copy of the report and he 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 such conditions as he thinks fit.
When any order for the final detention of a ship has been made, the ship shall 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.
Owner liable for unsafe operation of ship.
Terms defined in s 2
Director
Defined · s 2"Director" means the Director of Marine appointed under section 4 and includes the Deputy Director of Marine;
master
Defined · s 2"master" includes every person, except a pilot, having command or charge of any ship;
ship
Defined · s 2"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; and (b) an air cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;
Part VIII
Part IX
Inquiries and Investigations
Part X