xmlns:atom="http://www.w3.org/2005/Atom"

PART 5Enforcement

Offences

30.—(1) Any contravention of—

(a)regulation 11 (prohibition on United Kingdom ships proceeding to sea without a Sewage Certificate), 12(1), (2) or (3) (prohibition on non-United Kingdom ships proceeding to sea without a Sewage Certificate or appropriate documentation), 18(2) (extensions of periods of validity of Sewage Certificates by a Certifying Authority), 20(1), (2) or (3) (responsibilities of the owner and master of a United Kingdom ship), 21(2) (additional surveys of United Kingdom ships) or 24(5) (duration and validity of Sewage Certificates) is an offence by the owner and master of the ship;

(b)regulation 8(1) or (2) (sewage systems), 9 (discharge connections) or 22(5) (procedure to be adopted when a ship is deficient) is an offence by the owner of the ship;

(c)regulation 24(4) (duration and validity of Sewage Certificates) is an offence by the person in question;

(d)regulation 7 (prohibition on the discharge of sewage) in the case of a fixed or floating platform, is an offence by the owner and manager of the platform; or

(e)regulation 7 (prohibition on the discharge of sewage) in the case of a ship other than a fixed or floating platform, is an offence by the owner, manager, demise charterer and master of the ship.

(2) Subject to paragraph (3), an offence under paragraph (1) 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.

(3) A contravention referred to in paragraph (1)(d) or (e) is specified for the purpose of article 6 of the Merchant Shipping (Prevention of Pollution by Sewage and Garbage) Order 2006 (which applies section 131(3) of the 1995 Act (penalties for certain pollution offences) subject to a modification).