Offences
26.—(1) Any contravention of regulation 6(1)(a), (b), (d) or (e) is an offence by each of the master and the owner.
(2) Any contravention of regulation 6(1)(c) is an offence by the master.
(3) An offence under paragraph (1) and (2) is punishable—
(a)on summary conviction–
(i)in England and Wales by a fine; or
(ii)in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or
(b)on conviction on indictment by a fine.
(4) Any contravention of regulation 11(1) is an offence by each of the owner and master.
(5) An offence under paragraph (4) is punishable—
(a)on summary conviction–
(i)in England and Wales by a fine; or
(ii)in Scotland or Northern Ireland by a fine not exceeding the statutory maximum,
and by such additional fine, not exceeding an amount calculated in accordance with paragraph (6), as the court thinks fit, having regard to the extent to which the earning capacity of the ship was increased by reason of the contravention, and
(b)on conviction on indictment by a fine.
(6) Any additional fine imposed under paragraph (5)(a) must not exceed £1,000 for each complete centimetre by which—
(a)in a case falling within regulation 11(1)(a), the appropriate load line on each side of the ship was submerged; or
(b)in a case falling within regulation 11(1)(b), the appropriate load line on each side of the ship would have been submerged.
(7) In any proceedings for a contravention of regulation 11(1), it is a defence for the person charged to prove the contravention was due solely to deviation or delay and that the deviation or delay was caused solely by stress of weather or other circumstances which neither the master nor the owner nor the charterer (if any) could have prevented or forestalled.
(8) Any contravention of regulation 11(2) is an offence by the master and any other person who, having reason to believe that the ship is so loaded, sends, or is party to sending, the ship to sea.
(9) An offence under paragraph (8) is punishable (without prejudice to any liability for a fine in respect of an offence under paragraph (4))—
(a)on summary conviction–
(i)in England and Wales by a fine; or
(ii)in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or
(b)on conviction on indictment by a fine.
(10) Any contravention of regulation 24(a) is an offence by both the owner and the master punishable on summary conviction—
(a)in England and Wales by a fine; or
(b)in Scotland or Northern Ireland by a fine not exceeding the statutory maximum.
(11) Any contravention of regulation 24(b) by any person is an offence punishable on summary conviction—
(a)in England and Wales by a fine; or
(b)in Scotland or Northern Ireland by a fine not exceeding the statutory maximum.
(12) It is a defence for a person charged with an offence under paragraph (10) or (11) to show that the person had reasonable excuse for the contravention.
(13) It is an offence to—
(a)intentionally alter a certificate referred to in these Regulations;
(b)falsely make a certificate referred to in these Regulations;
(c)in connection with any survey required by these Regulations knowingly or recklessly furnish false information;
(d)with intent to deceive, use, lend, or allow to be used by another, a certificate referred to in these Regulations;
(e)fail to surrender as directed a certificate required to be surrendered under regulation 21(5); or
(f)in Scotland forge any certificate referred to in these Regulations.
(14) An offence under paragraph (13) is punishable—
(a)on summary conviction–
(i)in England and Wales by a fine; or
(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 six months, or a fine, or both.