Merchant Shipping Act 1995

F1 100G Failure to comply with prescribed standards in respect of ship in respect of which trans-shipment licence is in force. U.K.

(1) If it appears to the Secretary of State that any requirement of regulations under section 100F(2) or regulations under section 192A is being contravened in respect of a ship in respect of which a trans-shipment licence is in force, he may serve on the master a notice under subsection (2) below.

(2) A notice under this subsection must specify the contravention by reason of which it is given and must—

(a) prohibit the receiving by the ship of fish trans-shipped from another ship,

(b) prohibit the processing of fish on the ship, or

(c) prohibit both such receiving and such processing.

(3) The Secretary of State shall revoke a notice under subsection (2) above if he is satisfied that the contravention specified in it has been remedied.

(4) If a trans-shipment licence ceases to be in force in respect of a ship to which a notice under subsection (2) above relates, the notice is revoked by virtue of this subsection.

(5) If without reasonable excuse the master of a ship causes or permits any prohibition imposed by a notice under subsection (2) above to be contravened in respect of the ship, he shall be liable—

(a) on summary conviction, to [F2 a fine not exceeding £50,000] [F2 a fine];

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

(6) The obligation imposed by regulations under section 100F(2) shall not be enforceable except in accordance with this section, but this subsection does not limit the powers conferred by section 258.

Textual Amendments

F1 Ss. 100F-100G inserted (19.3.1997) by 1997 c. 28, ss. 11, 31(4)

F2 Words in s. 100G(5)(a) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 27(8) (with reg. 5(1))