Regulation 5 Offences, penalties and detentionI1

United Kingdom

(1)

The owner and master of an HSOSC each commits an offence where there is a contravention of regulation 4 in respect of that HSOSC.

(2)

In paragraph (1), “owner” includes any part owner.

(3)

It is a defence for any person charged under paragraph (1) to show that they took all reasonable steps to ensure compliance with regulation 4.

(4)

An offence under paragraph (1) is punishable—

(a)

on summary conviction in England and Wales by a fine;

(b)

on summary conviction in Scotland or Northern Ireland by a fine not exceeding the statutory maximum;

(c)

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

(5)

An HSOSC which does not comply with regulation 4 is liable to be detained and section 284 of the Merchant Shipping Act 1995^f1 applies, subject as follows.

(6)

In that section of that Act—

(a)

each reference to a ship is to be read as if it were a reference to an HSOSC;

(b)

in both subsections (1) and (6), each reference to “this Act” is to be read as if it were a reference to regulation 5(5) of these Regulations.

Annotations

Commencement

I1: Reg. 5 in force at 9.2.2022, see reg. 1(2)

Footnotes

f1: Section 284 was amended by paragraph 5 of Schedule 1 to the 1997 Act and by S.I. 2015/664.