(1)A person who contravenes any provision of an order made under section 189 is guilty of an offence under this section.
(2)Where any vessel is used in contravention of any provision of an order made under section 189, the master, the owner and the charterer (if any) are each guilty of an offence under this section.
(3)A person who is guilty of an offence under this section is liable on summary conviction to [F1a fine].
(4)Proceedings for an offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of England and Wales.
(5)No contravention by the Crown of this section is to make the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.
(6)Despite subsection (5), this section applies to persons in the public service of the Crown as it applies to other persons.
(7)In this section “contravention” includes failure to comply; and “contravene” is to be read accordingly.
Textual Amendments
F1Words in s. 190(3) substituted (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. 43(8) (with reg. 5(1))