- Latest available (Revised)
- Point in Time (01/10/2012)
- Original (As made)
Version Superseded: 01/04/2012
Point in time view as at 01/10/2012. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Merchant Shipping (Ship-to-Ship Transfers) Regulations 2010, Section 7.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
7.—(1) If a cargo transfer or bunkering operation is carried out in contravention of these Regulations, the owner, the manager and the master of each ship carrying out the cargo transfer or bunkering operation is guilty of an offence.
(2) A harbour authority which—
(a)authorises a cargo transfer without an oil transfer licence;
(b)fails to take all reasonable steps to prevent a cargo transfer which is neither—
(i)authorised under an oil transfer licence, nor
(ii)exempted under regulation 3(3) or (4); or
(c)knowingly or recklessly provides false information in an application,
is guilty of an offence.
(3) A person who knowingly or recklessly provides false information to the Secretary of State in relation to an application for an exemption under regulation 6 is guilty of an offence.
(4) A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding £25,000 and on conviction on indictment to a fine.
(5) Where a person is charged with an offence under paragraph (1), (2)(a) or (2)(b), it is a defence for the person charged to prove that the cargo transfer or bunkering operation was for one or more of the following purposes—
(a)securing the safety of any ship;
(b)preventing damage to any ship or cargo;
(c)saving life;
(d)preventing pollution,
unless the court is satisfied that the cargo transfer or bunkering operation was not necessary for any of those purposes and was not a reasonable step to take in the circumstances.
Commencement Information
I1Reg. 7(1) in force at 1.4.2012 for specified purposes, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)
I2Reg. 7(1) in force at 1.10.2012 in so far as not already in force (subject to reg. 1(3)), see reg. 1(2)(3) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)
I3Reg. 7(2) in force at 1.10.2012 (subject to reg. 1(3)), see reg. 1 (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)
I4Reg. 7(3)-(5) in force at 1.4.2012, see reg. 1(4) (as amended by S.I. 2010/1769, reg. 2; S.I. 2011/974, reg. 2; and S.I. 2011/2183, reg. 2)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: