s.242Power to detain unsafe ships
242
Section 242Part 11 — UNSAFE SHIPS

Power to detain unsafe ships

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Subject to subsection (3), where the Chief Executive Officer has reason to believe that any ship, being in any port in the Islands or at sea in Cayman Islands waters, is an unsafe ship, that is to say, is by reason of any of the matters mentioned in subsection (2) unfit to remain at sea or proceed to sea having regard to the nature of the service for which it is intended, the ship shall be detained in accordance with section 422.
The matters referred to in subsection (1) are —
the condition, or the unsuitability for its purpose, of —
the ship or its machinery or equipment; or
any part of the ship or its machinery or equipment;
undermanning;
overloading or unsafe or improper loading; or
any other matter relevant to the safety of the ship, and the reference in subsection (1) to proceeding to sea shall, in a case where the service for which the ship is intended consists of going on voyages or excursions that do not involve going to sea, be construed as a reference to going on such a voyage or excursion.
Notwithstanding subsection (1), a ship other than a Cayman Islands ship that is exercising the right of innocent passage under the United Nations Convention on the Law of the Sea 1982 shall not be detained.

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