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.