Regulation 27 Offences and penalties

(1)

The owner and master of a ship are each guilty of an offence—

(a)

if there is any contravention of the restriction on leaving port in regulation 8(3) (expanded inspections),

(b)

if they fail to comply with regulation 9 (notification of the arrival of ships),

(c)

if there is any contravention of a direction made under regulation 12(3)(b)(i) (contents of detention notices) in respect of the ship,

(d)

if a ship to which regulation 12(7) (ship requires rectification) applies, fails to—

(i)

proceed to the repair yard specified, or

(ii)

comply with the requirement that the deficiency be rectified within 30 days,

(e)

if the ship is permitted to leave a port under regulation 13(1) (detained ships permitted to proceed to an agreed repair yard) but fails to proceed to the agreed repair yard or to comply with any other conditions for the purposes of regulation 13(2), or

(f)

if the ship enters a port or anchorage in breach of regulation 14(1) (prohibition on detained ships requiring repair from entering port) or 15 (refusal of access).

(2)

The master of a ship commits an offence if that master fails to comply with a requirement of a detention notice in respect of the ship.

(3)

A person commits an offence if that person obstructs an inspector or a person assisting the inspector.

(4)

A pilot commits an offence if that pilot contravenes regulation 23(3) (requirement to report any anomalies).

(5)

A port authority commits an offence if that port authority contravenes regulation 23(4) (pilot authorisation authority and anomalies relating to the ship), 24(1) or (3) (ship information).

(6)

A person who commits an offence under—

(a)

paragraph (1)(a), (b), (4) or (5), is liable on summary conviction to a fine not exceeding level 3 on the standard scale;

(b)

paragraph (3), is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7)

A person who commits an offence under paragraph (1) (c), (d), (e), (f) or (2) is liable—

(a)

on summary conviction—

(i)

in England and Wales to a fine,

(ii)

in Scotland or Northern Ireland to a fine not exceeding the statutory maximum, or

(b)

on conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both.

(8)

It is a defence—

(a)

for a 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, and

(b)

for a port authority charged under paragraph (5) with contravention of regulation 24 to prove that it had been informed by the Secretary of State that the Secretary of State was not ready to receive the information to which regulation 24 applies.