9.—(1) Any contravention of—
(a)regulation 5(2)(a) (on board plan for cooperation with search and rescue services);
(b)regulation 5(2)(g), in so far as it requires a ship to comply with paragraphs 1 to 3 and 7 of regulation 18 in Chapter V (approval, surveys and performance standards of navigational systems and equipment and voyage data recorder);
(c)regulation 5(2)(h) (carriage requirements for shipborne navigational systems and equipment);
(d)regulation 5(2)(j) (voyage data recorders);
(e)regulation 5(2)(k), in so far as it requires a ship to comply with regulation 30 in Chapter V (operational limitations),
is an offence by the owner and master.
(2) Any contravention of—
(a)regulation 5(2)(c), in so far it requires a ship to comply with paragraph 7 of regulation 11 in Chapter V (ship reporting systems);
(b)regulation 5(2)(k), in so far as it requires a ship to comply with regulation 28 in Chapter V (records of navigational activities and daily reporting);
(c)regulation 5(2)(l), in so far as it requires a ship to comply with paragraph 1 of regulation 31 in Chapter V (danger messages);
(d)regulation 5(2)(n), in so far as it requires a ship to comply with paragraphs 1 and 2 of regulation 33 in Chapter V (distress situations: obligations and procedures);
(e)regulation 5(2)(o) (safe navigation and avoidance of dangerous situations),
is an offence by the master.
(3) Any contravention of regulation 5(2)(k) in so far as it requires a ship to comply with the following regulations in Chapter V—
(a)regulation 24 (use of heading and/or track control systems);
(b)regulation 25 (operation of steering gear);
(c)regulation 26 (steering gear: testing and drills), other than paragraph 3.1,
is an offence by the master or any person directed to undertake tasks.
(4) Any contravention of—
(a)regulation 5(2)(p) (master’s discretion);
(b)regulation 5(2)(q) (misuse of distress signals),
is an offence by the person responsible.
(5) An offence under this regulation is punishable—
(a)on summary conviction—
(i)in England and Wales by a fine; or
(ii)in Scotland or Northern Ireland by a fine not exceeding the statutory maximum;
(b)on conviction on indictment by imprisonment for a term not exceeding two years, or a fine, or both.
Commencement Information
I1Reg. 9 in force at 31.7.2020, see reg. 1(1)
10.—(1) Any contravention of—
(a)regulation 5(2)(f) (electromagnetic compatibility);
(b)regulation 5(2)(g), in so far as it requires a ship to comply with paragraphs 8 and 9 of regulation 18 in Chapter V (approval, surveys and performance standards of navigational systems and equipment and voyage data recorder);
(c)regulation 5(2)(i) (long-range identification and tracking of ships),
is an offence by the owner and master.
(2) Any contravention of—
(a)regulation 5(2)(b) (use of ships’ routeing system);
(b)regulation 5(2)(k), in so far as it requires a ship to comply with regulation 23 in Chapter V (pilot transfer arrangements),
is an offence by the owner, master or any other person responsible.
(3) Any contravention of regulation 5(2)(d) (ships’ manning) is an offence by the owner or master.
(4) An offence under this regulation is punishable—
(a)on summary conviction–
(i)in England and Wales by a fine; or
(ii)in Scotland or Northern Ireland by a fine not exceeding the statutory maximum;
(b)on conviction on indictment by a fine.
Commencement Information
I2Reg. 10 in force at 31.7.2020, see reg. 1(1)
11.—(1) Any contravention of regulation 5(2)(k), in so far as it requires a ship to comply with the following regulations in Chapter V—
(a)regulation 21 (the International Code of Signals and IAMSAR Manual);
(b)regulation 22 (navigation bridge visibility);
(c)paragraph 3.1 of regulation 26 (failure to display steering gear changeover procedures on navigational bridge);
(d)regulation 27 (nautical charts and nautical publications);
(e)regulation 29 (life-saving signals to be used by ships, aircraft or persons in distress),
is an offence by the owner and master.
(2) An offence under this regulation is punishable on summary conviction by a fine.
Commencement Information
I3Reg. 11 in force at 31.7.2020, see reg. 1(1)
12.—(1) For the purposes of this regulation, any reference to “the Act” is a reference to the Merchant Shipping Act 1995.
(2) Any ship which does not comply with the requirements of the provisions in Chapter V referred to in regulation 5 (safety of navigation requirements) may be detained.
(3) Section 284 of the Act(1) applies where a ship is liable to be detained under this regulation as if—
(a)references to detention of a ship under the Act were references to detention of the ship in question under this regulation; and
(b)subsection (7) were omitted.
(4) Where a ship is liable to be detained under this regulation, the person detaining the ship must serve on the master a detention notice which—
(a)states the grounds of the detention; and
(b)requires the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the Act.
(5) Subject to paragraph (6), section 96 (references of detention notices to arbitration)(2) and section 97 (compensation in connection with invalid detention of a ship) of the Act apply in relation to a detention notice issued pursuant to this regulation as they apply in relation to detention notices issued pursuant to section 95 (power to detain dangerously unsafe ship).
(6) For the purposes of paragraph (5)—
(a)section 96 of the Act applies as if—
(i)subsection (3) were omitted;
(ii)the words “as a dangerously unsafe ship” in subsection (5) were omitted;
(iii)subsection (11) were omitted; and
(b)sections 96 and 97 of the Act apply as if “the relevant inspector” means a person issuing the detention notice pursuant to this regulation.
(7) Subject to paragraph (8), where a ship other than a United Kingdom ship is detained, the Secretary of State must immediately inform the ship’s flag administration in writing.
(8) If it is not possible to inform the ship’s flag administration in accordance with paragraph (7), the Secretary of State must inform the Consul of the State of the flag administration, or in the absence of a Consul, the nearest diplomatic representative of the State of the flag administration.
(9) For the purposes of paragraphs (7) and (8), “flag administration” in relation to a ship means the administration of the State whose flag the ship is entitled to fly.
Commencement Information
I4Reg. 12 in force at 31.7.2020, see reg. 1(1)
13.—(1) The Secretary of State must from time to time—
(a)carry out a review of the regulatory provision contained in these Regulations; and
(b)publish a report setting out the conclusions of the review.
(2) The first report must be published before 31st July 2025.
(3) Subsequent reports must be published at intervals not exceeding 5 years.
(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015(3) requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the obligations under the Convention are implemented in other countries which are subject to the obligations.
(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—
(a)set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);
(b)assess the extent to which those objectives are achieved;
(c)assess whether those objectives remain appropriate; and
(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
Commencement Information
I5Reg. 13 in force at 31.7.2020, see reg. 1(1)
Section 284 was amended by Schedule 1 to the Merchant Shipping and Maritime Security Act 1997 (c. 28) and S.I. 2015/664.
Section 96(7) was amended by Part 1 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) and by Schedule 11 to the Constitutional Reform Act 2005 (c. 4). Section 96(10) was repealed by Schedule 4 to the Arbitration Act 1996 (c. 23).
2015 c. 26. Section 30(3) was amended by the Enterprise Act 2016 (c. 12), section 19 and the European Union (Withdrawal) Act 2018 (c. 16), section 23 and Schedule 8.