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The Merchant Shipping (Registration of Ships) Regulations 1993
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- UK Statutory Instruments
- 1993 No. 3138
- PART XIII
- Regulation 114
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114.—(1) Any person who, with intent to deceive, uses or lends or allows to be used by another, a certificate of registry whether in force or not, commits an offence.
(2) It shall be an offence on the part of the owner or master of a registered ship if any of the marks required by these Regulations to be marked on a ship is effaced, altered, allowed to become illegible, covered or concealed.
(3) It shall be a defence for a person charged with an offence under paragraph (2) of this regulation to prove:—
(a)that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence, or
(b)that the effacing, alteration, covering or concealing of the marking was for the purpose of escaping capture by an enemy.
(4) Any person who fails, without reasonable cause to surrender a certificate of registry when required to do so by regulation 108 (Duplicate certificates), 109 (Custody of certificate) or 110 (Surrender of certificate on termination or expiry of registration) commits an offence.
(5) Any person who in connection with the registration of a ship knowingly or recklessly furnishes information which is false in a material particular shall be guilty of an offence.
(6) Any person who intentionally alters, suppresses, conceals or destroys a document which he has been required by these Regulations to produce to the Registrar shall be guilty of an offence.
(7) The offences specified in regulations [F129A,] 49 and 84 (Notification of changes) and in paragraphs (1), (4), (5) and (6) of this regulation shall be punishable on summary conviction as follows:—
(a)for an offence under regulation [F129A,] 49 or 84 or paragraph (1), [F2(5) or (6)] of this regulation, with a fine not exceeding level 5 on the standard scale, and
(b)for an offence under paragraph (4) with a fine not exceeding level 3 on the standard scale.
(8) An offence under paragraph (2) shall be punishable as follows:—
(i)on conviction on indictment to a fine,
(ii)on summary conviction to a fine not exceeding the statutory maximum.
[F3(9) The offences specified in regulations 50 and 51 (notification of changes or making of applications), including regulation 51 as applied by regulation 85, shall be punishable on summary conviction with a fine not exceeding level 5 on the standard scale.]
Textual Amendments
F1Word in reg. 114(7) inserted (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 20(a)(i)
F2Words in reg. 114(7)(a) substituted (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 20(a)(ii)
F3Reg. 114(9) added (10.1.2000) by The Merchant Shipping (Registration of Ships, and Tonnage) (Amendment) Regulations 1999 (S.I. 1999/3206), regs. 1, 20(b)
Modifications etc. (not altering text)
C1Reg. 114 applied (with modifications) (31.3.2023) by The Merchant Shipping (Watercraft) Order 2023 (S.I. 2023/35), art. 1(1), Sch. 1 paras. 1, 2
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