The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008

Offences

32.—(1) Any contravention of—

(a) regulation 5(1), 6(1), 7(1), 8(1), 9(1), (2) or (3), 10(2), 18(4), 19(1) or (2), 20(3), 23(3) or (4) or 25(9)(c) of these Regulations is an offence by the owner and by the master of the ship in question,

(b) regulation 18(5), 21(6) or 24(2) is an offence by the owner of the ship in question,

(c) regulation 20(1), 21(4), 22, 23(6), 24(1), (4), (6), (7), (8) (9), (10) or (11), 25(3), (4), (5), (8), (10) or (11) is an offence by the master of the ship in question;

(d) regulation 15(5) or 19 is an offence by the owner, manager, demise charterer and master of the ship in question;

(e) regulation 18(3) is an offence by the person in question;

(f) regulation 23(1) or (2) is an offence by the harbour authority or terminal operator in question;

(g) regulation 25(2) is an offence by the fuel oil supplier in question;

(h) regulation 25(7) or (9)(a) or (b) is an offence by the local supplier of fuel oil in question.

(2) An offence under paragraph (1) is punishable—

(a) on summary conviction by a fine not exceeding the statutory maximum; or

(b) on conviction on indictment by a fine.

(3) A fuel oil supplier’s representative who makes a false declaration in a bunker delivery note is guilty of an offence and punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine.

(4) Where an offence under these Regulations is committed, or would be committed save for the operation of regulation 37(1), by any person due to the act or default of some other person, that other person is also guilty of the offence, and a person may be charged with and convicted of an offence by virtue of this paragraph whether or not proceedings are taken against the first person.

(5) “Fuel oil supplier’s representative”, “fuel oil supplier” and “local supplier of fuel oil” have the same meaning as in regulation 25.