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The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008

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Right of appeal and compensation

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31.—(1) — Regulations 11 and 12 of the 1995 Regulations (right of appeal and compensation) apply in relation to the exercise of the powers of detention under these Regulations as they apply in relation to the exercise of those powers under Part 1 of those Regulations, subject to the modifications referred to in paragraph (2).

(2) The modifications are—

(a)references to “inspector” are to be taken as references to the authority detaining the ship or the harbour master, as the case may be,

(b)references to “access refusal notice”, “service of access refusal notice” and “refusal of access” are to be omitted, and

(c)in regulation 12(2) after “State” there is added “, except where the ship is detained by a harbour master, in which case any compensation awarded under this section shall be payable by the harbour authority.”.

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