Section 198 — Merchant Shipping Order, 2002

(1)

If it appears that there was no reasonable or probable cause for the provisional detention of a ship under section 122, the Director shall be liable to pay to the owner of the ship his costs of and incidental to the detention and survey of the ship, and also compensation for any loss or damage sustained by him by reason of the detention or survey.

(2)

An action for any costs or compensation payable by the Director under subsection (1) may be brought against the Director by his official title.

(3)

If-

(a)

a ship is finally detained under section 122;

(b)

a ship is provisionally detained under section 122 and the ship was, at the time of detention, an unsafe ship; or

{c) a ship is detained under this Order which provides for the detention of a ship, f the owner of the ship shall be liable to pay to the Director its costs of and incidental to the detention and survey of the ship.

(4)

Any costs payable to the Director under this Order may be recovered by the Director and those costs shall, without prejudice to any other remedy, be recoverable as salvage is recoverable.

Security for costs of detention of unsafe ships.