Merchant Shipping Act 1995

Changes over time for: Section 266

Version Superseded: 31/12/2018

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Point in time view as at 06/04/2018. This version of this provision has been superseded.

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Merchant Shipping Act 1995, Section 266 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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266 Offences.U.K.

(1)Any person who contravenes any requirement imposed by an improvement notice shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

(2)Any person who contravenes any prohibition imposed by a prohibition notice shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

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

(3)It shall be a defence for a person charged with an offence under this section to prove that he exercised all due diligence to avoid a contravention of the requirement or prohibition in question.

(4)In this section any reference to an improvement notice or a prohibition notice includes a reference to any such notice as modified under section 264(3).

Modifications etc. (not altering text)

C1S. 266 modified (16.2.2001) by S.I. 2001/152, reg. 11(2)

Ss. 264-266 applied (with modifications) (16.2.2001) by S.I. 2001/152, reg. 9(3)

C2Ss. 258-266 applied (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007 (S.I. 2007/3075), regs. 1, 19

C3Ss. 258-266 applied (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007 (S.I. 2007/3077), regs. 1, 18

C4Ss. 258-266 applied (1.3.2008) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007 (S.I. 2007/3100), regs. 1, 22

C5Ss. 261-266 applied (with modifications) (1.12.2009) by The Merchant Shipping (Anti-Fouling Systems) Regulations 2009 (S.I. 2009/2796), regs. 1, 10(5) (with reg. 3)

C6Ss. 258-266 applied (with modifications) (6.4.2010) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Work at Height) Regulations 2010 (S.I. 2010/332), regs. 1, 22 (with regs. 4, 5)

C7Ss. 258-266 applied (with modifications) (6.4.2010) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 2010 (S.I. 2010/323), regs. 1, 27 (with regs. 4, 5)

C8Ss. 258-266 applied (with modifications) (6.4.2010) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010 (S.I. 2010/330), regs. 1, 20 (with regs. 4, 5)

C9Ss. 258-266 applied (6.4.2010) by The Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010 (S.I. 2010/737), regs. 1(1), 19 (with reg. 5)

C10Ss. 258-266 applied (10.1.2011) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010 (S.I. 2010/2987), regs. 1, 16