Merchant Shipping Act 1979

43 Alteration of penalties. U.K.

(1) A person guilty of an offence under any of the enactments mentioned in the first column of Part I, II, III or IV of Schedule 6 to this Act (which among other things relate to the matters mentioned in the second column of those Parts and provide for maximum fines on summary conviction of from £2 to £50 in the case of enactments mentioned in Part I of that Schedule, from £5 to £100 in the case of enactments mentioned in Part II of that Schedule and from £5 to £400 in the case of enactments mentioned in Parts III and IV of that Schedule) shall be liable on summary conviction to a fine not exceeding—

(a) [F1 level 2 on the standard scale] if the enactment is mentioned in the said Part I;

(b) [F1 level 3 on the standard scale] if the enactment is mentioned in the said Part II;

(c) [F1 level 4 on the standard scale] if the enactment is mentioned in the said Part III; and

(d) [F1 level 5 on the standard scale] if the enactment is mentioned in the said Part IV,

instead of the fine to which he would be liable for the offence apart from this subsection.

(2) A person guilty of an offence under any of the enactments mentioned in the first column of Part V of that Schedule (which among other things relate to the matters mentioned in the second column of that Part and provide for maximum fines of from £20 to £1,000 on summary conviction and in some cases for a fine on conviction on indictment) shall be liable—

(a) on conviction on indictment to a fine; and

(b) on summary conviction to a fine not exceeding £1,000,

instead of the fine to which he would be liable for the offence apart from this subsection.

(3) The enactments mentioned in Parts VI and VII of that Schedule (which provide for various penalties for the offences under the Merchant Shipping Acts and the M1 Prevention of Oil Pollution Act 1971 which are mentioned in those Parts) shall have effect with the amendments specified in those Parts.

(4)(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(6) Nothing in any of the preceding provisions of this section . . . F3 applies to an offence committed before the provision or, as the case may be, the order comes into force.

Textual Amendments

F1 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46; (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) S.I. 1984/703 (N.I. 3), art. 5

F2 S. 43(4)(5) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 78, Sch. 16

F3 Words repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 78, Sch. 16

Modifications etc. (not altering text)

C1 S. 43(2)(b) amended by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 49(1)

C2 The text of s. 43(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1971 c. 60.