The Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013

Offences and penalties for United Kingdom shipsU.K.

This section has no associated Explanatory Memorandum

15.—(1) If a ship to which regulation 5(2) applies proceeds or attempts to proceed to sea or on a voyage or excursion without a valid Maritime Labour Certificate and Declaration of Maritime Labour Compliance or a valid interim Maritime Labour Certificate, the shipowner and the master of the ship are guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both.

(2) If a ship to which regulation 5(3) applies, and in respect of which a certifying authority has issued a Maritime Labour Certificate, proceeds or attempts to proceed to sea or on a voyage or excursion without the Maritime Labour Certificate having been endorsed in the manner required by Merchant Shipping Notice 1848(M), the shipowner and the master of the ship are guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment [F1to imprisonment] for a term not exceeding two years, or a fine, or both.

(3) Any person who—

(a)intentionally alters a Maritime Labour Certificate or interim Maritime Labour Certificate,

(b)intentionally produces a false Maritime Labour Certificate or interim Maritime Labour Certificate,

(c)in connection with any survey undertaken in accordance with these Regulations knowingly or recklessly furnishes false information,

(d)with intent to deceive, uses, lends, or allows to be used by another, a Maritime Labour Certificate or interim Maritime Labour Certificate,

(e)fails to surrender a Maritime Labour Certificate or interim Maritime Labour Certificate as directed in accordance with regulation 10(5) or (7), or

(f)in Scotland, forges a Maritime Labour Certificate or interim Maritime Labour Certificate,

is guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding 6 months, or a fine, or both.

(4) Any contravention of regulation 12 or 13 is an offence by the shipowner and by the master of the ship punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by imprisonment for a term not exceeding two years, or a fine, or both.

(5) In any proceedings for an offence under this regulation, it is a defence for the person charged to prove that all reasonable steps had been taken by that person to ensure compliance with the requirements of the provision in question.

Textual Amendments