Merchant Shipping Act 2010

89.

Application to Circuit Court — compliance order and appeals.

89.— (1) A surveyor of ships may, where a notice is not being complied with—

( a) under section 15(13) or 18(9) of the Act of 1952, section 8(2) of the Act of 1966 or section 14(10) , 23(2) , 32(2) , 40(2) , 48(2) , 82(9)(b) , 84(10) or 87(5)(b) in respect of a ship or vessel, make an application to the judge of the Circuit Court in whose Circuit the port in which the ship or vessel is or was berthed or docked at the time of making the application is located, or

( b) under section 83(5) , in respect of a service station, make an application to the judge of the Circuit Court in whose circuit the service station is situated,

for an order to comply with the notice.

(2) The judge, on hearing an application under subsection (1) , may make such order as he or she considers appropriate (including, where the application relates to a ship or vessel, the detention of the ship or vessel until the notice is complied with) or dismiss the application.

(3) ( a) The owner or master of a ship who has been given a notice under any provision referred to in subsection (1)(a), may appeal the requirements or any of them contained in the notice to the judge of the Circuit Court in whose Circuit the port in which the ship or vessel is berthed or docked is located.

( b) The person who operates a service station who has been given a notice under section 83(5) may appeal the requirements or any of them contained in the notice to the judge of the Circuit Court in whose Circuit the service station is situated.

( c) The lodging of an appeal does not cause the notice to be suspended.

( d) The appeal shall be made within 7 working days of being given the notice, unless the Court considers that there is good and sufficient reason for extending that period.

( e) The Court may confirm or vary the notice or allow or dismiss the appeal.

(4) A decision of the Circuit Court under this section is final, save that by leave of the Court, an appeal from its decision lies to the High Court on a specified point of law.

(5) In subsection (1) the reference to a surveyor of ships includes, in relation to a notice given under section 87(5)(b) , a reference to a person appointed under section 87(5)(e) .