Offences and penaltiesU.K.
22.—(1) If a ship proceeds or attempts to proceed to sea or on any voyage, or arrives within United Kingdom waters, in breach of any of the requirements applicable to that ship in, or listed in, these Regulations, other than a matter to which paragraph (3) applies, the owner and master are each guilty of an offence in respect of each case of non-compliance.
(2) 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 imprisonment for a term not exceeding two years, or a fine, or both.
(3) Any contravention of—
(a)regulation 16.3.3.3 in Chapter II-2;
(b)paragraph 5.4(c) in Merchant Shipping Notice 1900 (M);
(c)paragraph 1.15 in Merchant Shipping Notice 1901 (M); or
(d)paragraph 3.8 in Part A of Merchant Shipping Notice 1902 (M),
(which relate to the oxygen content of the inert gas supply) is an offence by the master.
(4) An offence under paragraph (3) is punishable—
(a)in England and Wales by a fine; or
(b)in Scotland or Northern Ireland by a fine not exceeding the statutory maximum.
(5) It is a defence for the person charged with an offence under this regulation to prove that the person charged took all reasonable steps to avoid the commission of the offence.
Commencement Information
I1Reg. 22 in force at 15.6.2023, see reg. 1(1)