"Temeraire" now resumed her previous duties blockading the French at Brest, patrolling between Ushant Island and Cape Finisterre. Heavy weather took its toll, forcing her to put into Torbay for extensive repairs after her long patrols, repairs which eventually amounted to £9,143. During this time Harvey was often absent from his command, usually attending to his duties as Member of Parliament for Essex. He was temporarily replaced by Captain William Kelly on 27 August 1804, and he in turn was succeeded by Captain George Fawke on 6 April 1805. Harvey returned to his ship on 9 July 1805, and it was while he was in command that the reinforced Rochefort squadron under Vice-Admiral Sir Robert Calder intercepted and attacked a Franco-Spanish fleet at the Battle of Cape Finisterre. The French commander, Pierre-Charles Villeneuve, was thwarted in his attempt to join the French forces at Brest, and instead sailed south to Ferrol, and then to Cadiz. When news of the Franco-Spanish fleet's location reached the Admiralty, they appointed Vice-Admiral Horatio Nelson to take command of the blockading force at Cadiz, which at the time was being commanded by Vice-Admiral Cuthbert Collingwood. Nelson was told to pick whichever ships he liked to serve under him, and one of those he specifically chose was "Temeraire".