The Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 2022

PART 4 Enforcement

Offences and penalties

21.—(1) If a bulk carrier proceeds or attempts to proceed to sea or on any voyage, or arrives within United Kingdom waters, in breach of the requirements of—

(a) regulation 10(1) or (2) (surveys and maintenance of bulk carriers);

(b) regulation 11(1) (surveys of certain bulk carriers constructed before 1st July 1999);

(c) regulation 12(2), (3) or (4) (damage stability requirements applicable to bulk carriers);

(d) regulation 13(2) or (3) (structural strength of bulk carriers constructed on or after 1st July 1999);

(e) regulation 14(2), (3) or (4) (structural and other requirements for bulk carriers);

(f) regulation 15(3) or (4) (information on compliance with the requirements for bulk carriers);

(g) regulation 17(1) or (2) (loading instrument);

(h) regulation 18 (water level detectors);

(i) regulation 19 (pumping systems);

(j) regulation 20(2) (restrictions from sailing with any hold empty),

applicable to that bulk carrier, the owner and the master are each guilty of an offence in respect of each case of non-compliance.

(2) If a bulk carrier to which regulation 16 (solid bulk cargo density declaration) applies is loaded with bulk cargo without complying with the requirements of regulation 16(1) or (2), the shipper is guilty of an offence in respect of each case of non-compliance.

(3) An offence under paragraph (1) or (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 imprisonment for a term not exceeding two years, or a fine, or both.

Detention

22.—(1) For the purposes of this regulation, any reference to “ the Act” is a reference to the Merchant Shipping Act 1995.

(2) Any bulk carrier which does not comply with the requirements of these Regulations or Chapter XII applicable to that bulk carrier, may be detained in the United Kingdom.

(3) Section 284 of the Act (enforcing detention of ship)(1) applies where a bulk carrier is liable to be detained under this regulation as if—

(a) references to detention of a ship under the Act were references to detention of the bulk carrier in question under this regulation; and

(b) subsection (7) were omitted.

(4) Where a bulk carrier is liable to be detained under this regulation, the person detaining the bulk carrier must serve on the master a detention notice which—

(a) states the grounds for the detention; and

(b) requires the terms of the notice to be complied with until the bulk carrier is released by any person mentioned in section 284(1) of the Act.

(5) Subject to paragraph (6), section 96 (references of detention notices to arbitration)(2) and section 97 (compensation in connection with invalid detention of a ship) of the Act apply in relation to a detention notice issued pursuant to this regulation as they apply in relation to detention notices issued pursuant to section 95 of the Act (power to detain dangerously unsafe ship)(3).

(6) For the purposes of paragraph (5)—

(a) section 96 of the Act applies as if—

(i) subsection (3) were omitted;

(ii) the words “as a dangerously unsafe ship” in subsection (5) were omitted;

(iii) subsection (11) were omitted; and

(b) sections 96 and 97 of the Act apply as if “the relevant inspector” means a person issuing the detention notice pursuant to this regulation.

(7) Subject to paragraph (8), where a non-United Kingdom bulk carrier is detained, the Secretary of State must immediately inform the bulk carrier’s flag administration in writing.

(8) If it is not possible to inform the bulk carrier’s flag administration in accordance with paragraph (7), the Secretary of State must inform the Consul of the State of the flag administration, or in the absence of a Consul, the nearest diplomatic representative of the State of the flag administration.

(9) For the purposes of paragraphs (7) and (8), “flag administration” in relation to a bulk carrier means the administration of the State whose flag the bulk carrier is entitled to fly.

Review of the Regulations

23.—(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in these Regulations; and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before the end of the period of five years beginning with the date on which these Regulations come into force.

(3) Subsequent reports must be published at intervals not exceeding five years.

(4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015(4) requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the obligations under the Convention are implemented in other countries which are subject to the obligations.

(5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate; and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(6) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

(1)

Section 284 was amended by Schedule 1 to the Merchant Shipping and Maritime Security Act 1997 (c. 28) and S.I. 2015/664.

(2)

Section 96(7) was amended by Part 1 of Schedule 10 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) and by Schedule 11 to the Constitutional Reform Act 2005 (c. 4). Section 96(10) was repealed by Schedule 4 to the Arbitration Act 1996 (c. 23).

(3)

Section 95 was amended by the Merchant Shipping and Maritime Security Act 1997 (c. 28).

(4)

2015 c. 26. Section 30(3) was amended by section 19 of the Enterprise Act 2016 (c. 12) and Schedule 8 to the European Union (Withdrawal) Act 2018 (c. 16).