Section 424Part 16 — ENFORCEMENT OFFICERS AND POWERS
Compensation in connection with invalid prohibition notices and detention orders
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If in relation to a prohibition notice or a detention order —
an arbitrator decides that any reason or matter did not constitute a reasonable basis for the officer's opinion; and
it appears to the arbitrator that there were no reasonable grounds for the officer to form that opinion, the arbitrator may, subject to subsection (3), award the party requiring arbitration such compensation in respect of any loss suffered by the party in consequence of the service of the prohibition notice or issue of the detention order as the arbitrator thinks fit.
If, on any such reference, the arbitrator decides that any direction included in prohibition notice was unreasonable, the arbitrator may, subject to subsection (3), award the person on whom the notice was served such compensation in respect of any loss suffered by the person in consequence of the direction as the arbitrator thinks fit.
An arbitrator shall not award any compensation under subsection (1) or (2) in the case of any prohibition notice unless —
the direction given under section 420(2)(d) contained a direction that the ship shall not proceed to sea; or
it appears to the arbitrator that —
the inspector was of the opinion that there would be such a risk of injury as is referred to in the notice if the ship proceeded to sea; and
the effect of the direction given under section 420(2)(d) was to prevent the departure of the ship unless any matters or contraventions referred to in the notice were remedied.
Any compensation awarded under this section shall be payable out of the revenues of the Islands.
Cross References
- Section 420 of Merchant Shipping Act
Prohibition notice