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Detention of offshore service vessels
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50. (1) Where a surveyor of ships has reason to believe that an offshore service vessel is not in compliance with this Part or offshore service vessel and industrial personnel rules and, in his or her opinion, the detention of the vessel is necessary to protect the vessel or the environment or the health and safety of the crew, industrial personnel or passengers, he or she may stop and detain the vessel or direct it to a place in the State deemed appropriate for its detention.
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(2) Where an offshore service vessel is being detained under subsection (1), the surveyor of ships shall serve a notice (in this section referred to as a “notice of detention”) on the master of the vessel.
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(3) A notice of detention shall—
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(a) state the grounds upon which the vessel is detained,
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(b) identify the provision of this Part or rules referred to in subsection (1) that has or has not been or is not being complied with,
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(c) specify the action to be taken before the notice will be withdrawn and, where appropriate, the period within which that action shall be taken,
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(d) inform the master of the vessel of the requirement to confirm compliance under subsection (4),
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(e) inform the master of the right to appeal the notice under subsection (8),
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(f) state that a failure to comply with a notice is an offence, and
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(g) be signed and dated by the surveyor of ships.
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(4) The master of a vessel on whom a notice of detention has been served who is of the opinion that the notice has been complied with shall confirm such compliance in writing to the Minister.
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(5) The owner or master of a vessel shall comply with an action specified in a notice of detention and shall not move a vessel other than in a manner that may be determined by the surveyor of ships under subsection (1).
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(6) A vessel may be released from detention under this section if a surveyor of ships is satisfied that the action specified in the notice of detention has been carried out and in these circumstances the surveyor of ships shall issue a notice of release to the master of the vessel.
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(7) When exercising powers under this section, a surveyor of ships may be accompanied by members of An Garda Síochána, persons holding commissioned naval rank in the Permanent Defence Forces or officers of the Revenue Commissioners, and those persons may take with them any equipment or materials (including firearms or other weapons where the person is a member of the Defence Forces or An Garda Síochána) to assist the surveyor in the exercise of his or her powers.
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(8) An appeal may be taken within 7 working days after the date of service of the notice of detention and such an appeal shall be to the judge of the Circuit Court in whose Circuit the port in which the vessel concerned is or was at the time of the detention berthed or docked.
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(9) On the hearing of an appeal under subsection (8), the judge may—
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(a) confirm the notice of detention,
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(b) set aside the notice of detention, or
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(c) make such modifications to the notice of detention as he or she considers just and appropriate.
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