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

PART 12 U.K. Offences and penalties

Penalties U.K.

59.—(1) Subject to paragraphs (2) to (5) [F1 and regulation 59A], 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); F2 ...

(f) regulation 46(2);

[F3 (g) regulation 53G(3);

(h) regulation 53I(3); and

(i) regulation 53Q(3).]

(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); F4 ...

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

[F5 (j) regulation 53G(5); and

(k) regulation 53Q(5).]

(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 [F6 the statutory maximum] 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); [F7 and]

(g) regulation 41(9). F8 ...

F9 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 59(1) inserted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(9)(a)

F2 Word in reg. 59(2)(e) omitted (12.7.2018) by virtue of The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(9)(b)(i)

F3 Reg. 59(2)(g)-(i) inserted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(9)(b)(ii)

F4 Word in reg. 59(3)(h) omitted (12.7.2018) by virtue of The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(9)(c)(i)

F5 Reg. 59(3)(j)(k) inserted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(9)(c)(ii)

F6 Words in reg. 59(5) substituted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(9)(d)(i)

F7 Word in reg. 59(5)(f) inserted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(9)(d)(ii)

F8 Word in reg. 59(5)(g) omitted (12.7.2018) by virtue of The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(9)(d)(iii)

F9 Reg. 59(5)(h) omitted (12.7.2018) by virtue of The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(9)(d)(iv)

[F10 Further provision on penalties U.K.

59A.— (1) Offences under the provisions listed in paragraph (2) are punishable on summary conviction—

(a) in England and Wales, by a fine;

(b) in Scotland and Northern Ireland, by a fine not exceeding level 5 on the standard scale.

(2) The provisions referred to in paragraph (1) are—

(a) regulation 53J(3);

(b) regulation 53M(2);

(c) regulation 53S(3).

(3) Offences under the provisions listed in paragraph (4) are punishable—

(a) on summary conviction—

(i) in England and Wales, by a fine;

(ii) in Scotland or Northern Ireland, by a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, by imprisonment for a term not exceeding two years or a fine, or both.

(4) The provisions referred to in paragraph (3) are—

(a) regulation 53B(2);

(b) regulation 53F.]

Textual Amendments

F10 Reg. 59A inserted (12.7.2018) by The Merchant Shipping (Maritime Labour Convention) (Compulsory Financial Security) (Amendment) Regulations 2018 (S.I. 2018/667), regs. 1, 2(10)

Defence U.K.

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.