Regulation 12 Offences and penalties

(1)

Any contravention of—

(a)

regulation 6(1), (2) or (4) (prohibitions and requirements for ships);

(b)

regulation 7(3)(a) or (b), or (6) (AFS-Certificates: ships of 400 gross tonnage or above);

(c)

regulation 8(3) (AFS-Declarations: ships of less than 400 gross tonnage);

(d)

regulation 10(1) or (2) (availability of certificates and other documents),

is an offence by the owner and master in respect of each case of non-compliance.

(2)

Any contravention of regulation 9(3) (alteration etc. of a certificate) is an offence by the person in question.

(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 a fine.

(4)

It is a defence 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.