Sea Pollution Act 1991
Provisions relating to detention of ships.
F33[39.—(1) Where an inspector or harbour-master has, in the exercise of the powers conferred on him by section 22(2) or 24 detained a ship and the persons on board the ship at a port or other place in the State, any inspector, or the harbour-master concerned, who suspects that a person on board the ship has committed an offence under this Act shall (unless he is proceeding under section 39A), as soon as may be, apply to a judge of the District Court for an order authorising the continued detention of the ship and those persons, and the said judge may grant an order authorising such detention for a period of 48 hours if he is satisfied that the applicant inspector or harbour-master has such a suspicion as aforementioned.
(2) Upon the expiration of the period of 48 hours—
(a) the ship shall be released unless an order providing for its further detention is made under section 39A before the expiration of the said period of 48 hours, and
(b) each person on board the ship shall be released unless an order providing for his further detention is made under the said section before the expiration of the said period.]
Substituted (1.09.1999) by Sea Pollution (Amendment) Act 1999 (18/1999), s. 14(c), S.I. No. 295 of 1999.