The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014

PART 12 Offences and penalties

Penalties

59.—(1) Subject to paragraphs (2) to (5), offences under these Regulations are punishable on summary conviction by a fine not exceeding level 5 on the standard scale.

(2) Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 4 on the standard scale—

(a) regulation 10(3) and (7);

(b) regulation 12(4);

(c) regulation 15(2), but only in relation to an offence consisting of a breach of regulation 15(1)(b);

(d) regulation 36(3);

(e) regulation 45(2); and

(f) regulation 46(2).

(3) Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 3 on the standard scale—

(a) regulation 12(8);

(b) regulation 13(3);

(c) regulation 24(5), (9) and (12);

(d) regulation 25(3);

(e) regulation 28(4), but only in relation to an offence consisting of a breach of regulation 28(3)(b);

(f) regulation 29(5);

(g) regulation 33(5), but only in relation to an offence consisting of a breach of regulation 33(4)(a);

(h) regulation 36(5); and

(i) regulation 41(4), but only in relation to an offence consisting of a breach of regulation 41(3)(b).

(4) Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 2 on the standard scale—

(a) regulation 17(5);

(b) regulation 18(2);

(c) regulation 24(3);

(d) regulation 29(7); and

(e) regulation 33(5), but only in relation to an offence consisting of a breach of regulation 33(4)(b).

(5) Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 5 on the standard scale or on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or to both—

(a) regulation 29(3);

(b) regulation 30(4);

(c) regulation 31(3);

(d) regulation 32(4);

(e) regulation 33(3);

(f) regulation 37(8);

(g) regulation 41(9); and

(h) regulation 49(3).

Defence

60.  In any proceedings for an offence under these Regulations (other than an offence under regulation 10(5)) it is a defence for the person charged to show that all reasonable steps had been taken by that person to ensure compliance with the provision concerned.