PART 3Change of circumstances and offences
Offences, penalties and defences25
1
Any contravention of regulations 8(2) to (6) (survey requirements), 9 (requirement for a certificate), 17 (prohibited acts in relation to a certificate), 18(2) or (4) (reporting changes of circumstances and corrective action to be taken) or 19(1) (requirement to report incidents) is an offence in respect of each case of non-compliance.
2
Subject to paragraph (3), any offence under paragraph (1) is an offence by the master and the owner of the vessel and is 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;
b
on conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both.
3
Any offence under paragraph (1) in relation to a pilot boat is an offence by the competent harbour authority, the owner and the master of the boat in respect of each case of non-compliance and is punishable on a summary conviction by—
a
a fine not exceeding level 3 on the standard scale, in relation to an offence under regulation 9(b) and (e);
b
a fine not exceeding level 4 on the standard scale in all other cases.
4
In any proceedings for an offence under these Regulations, it is a defence for a person charged to prove that the person charged took all reasonable steps to avoid commission of the offence.