3Request for declaration
(1)Subsection (2) applies where a harbour authority has reasonable grounds to believe that ships providing a service to which this Act applies will enter, or have entered, its harbour on at least 120 occasions during a relevant year.
(2)The harbour authority must, within such period as is determined by regulations, request that the operator of the service provide the authority with a national minimum wage equivalence declaration (in the rest of this Act, an “equivalence declaration”) in respect of the service for the relevant year.
(3)The duty under subsection (2) is subject to any direction given by the Secretary of State under section 16(1)(a).
(4)A harbour authority which fails to comply with subsection (2) is guilty of an offence and liable on summary conviction—
(a)in England and Wales, to a fine, or
(b)in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.
(5)Regulations may make provision—
(a)as to the period within which equivalence declarations are to be provided;
(b)as to the form of equivalence declarations;
(c)as to the manner in which equivalence declarations are to be provided.
(6)In this Act, “relevant year” means—
(a)the period of 12 months beginning with a date specified in regulations, and
(b)each successive period of 12 months.