The Merchant Shipping (Special Measures to Enhance Maritime Safety) Regulations 2024

Offences and penalties

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10.—(1) Any contravention of regulation 7(1) or (4) (ship identification number) or regulation 9(1), (2), (3), (5), (7), (10)(a) or (11) (continuous synopsis record) is an offence by—

(a)the Company;

(b)the owner; and

(c)the master,

in each case of non-compliance.

(2) Any contravention of regulation 8(1) (company and registered owner identification number) is an offence by—

(a)the Company; and

(b)the owner.

(3) Any contravention of regulation 9(4)(a) (amendment of continuous synopsis record) is an offence by the Company and master.

(4) Any contravention of regulation 9(4)(b) or (6) (requirement to notify amendments to continuous synopsis record and change of flag) is an offence by the Company.

(5) An offence under paragraph (1), (2), (3) or (4) 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; or

(b)on conviction on indictment by imprisonment for a term not exceeding two years, or a fine, or both.

(6) Any contravention of regulation 9(10)(b) (requirement to have continuous synopsis record readily available) is an offence by—

(a)the Company;

(b)the owner; and

(c)the master.

(7) An offence under paragraph (6) 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; or

(b)on conviction on indictment by imprisonment for a term not exceeding six months, or a fine, or both.

(8) It is a defence for the person charged with an offence under this regulation to prove that the person charged took all reasonable steps to avoid the commission of the offence.