# The Merchant Shipping (Nuclear Ships) Regulations 2022, Regulation 31: Offences and penalties

Extent: E+W+S+N.I.

(1) Any contravention of—
(a) regulation 7(1) (requirement for safety assessment);
(b) regulation 8 (design and construction of nuclear ships);
(c) regulation 9 (suitability of reactor installation for service on board a ship);
(d) regulation 10 (approval of reactor installation);
(e) regulation 11 (radiation safety);
(f) regulation 12, in so far as this relates to a contravention of paragraph 7.1.1 or 7.1.4 in Chapter 7 of the Nuclear Code (general operating requirements for nuclear ships);
(g) regulation 13(1)(a) or (b), (2)(a) or (b), (3) or (5) (safety assessment – operational requirements);
(h) regulation 14(1), (3)(a) or (b), (4) or (5)(a) or (b) (operating manual);
(i) regulation 15(1), (3)(a) or (b), (4), (5) or (6) (additional operating documentation);
(j) regulation 16 (emergency operation procedures);
(k) regulation 17 (maintenance and repair);
(l) regulation 18(1) (manning and training);
(m) regulation 20(1)(a), (b) or (c), (2), (3), (4), (6), (7), (8A), (9) or (11)(a), (b), (c) or (d) (surveys of United Kingdom nuclear ships);
(n) regulation 21(3) (requirement to hold on board a Nuclear Ship Safety Certificate);
(o) regulation 23(1) (responsibilities of owner and master);
(p) regulation 27 (prohibition on proceeding on any voyage without the appropriate certificate);
(q) regulation 28 (quality assurance programme); or
(r) regulation 29 (decommissioning of nuclear ships),
is an offence by the owner and master of a nuclear ship in respect of each case of non-compliance.
(2) Any contravention of regulation 12, in so far as this relates to a contravention of paragraph 7.1.3 in Chapter 7 of the Nuclear Code (general operating requirements for nuclear ships), is an offence by the Company.
(3) Any contravention of regulation 30(a) or (b) (loss of nuclear ships) is an offence by the master in respect of each case of non-compliance.
(4) An offence under paragraph (1), (2) or (3) 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.
(5) Any contravention of—
(a) regulation 13(2)(c) (failure to have safety assessment readily available for examination);
(b) regulation 14(5)(c) (failure to have operating manual readily available for examination);
(c) regulation 15(3)(c) (failure to have additional operating documentation readily available for examination);
(d) regulation 20(11)(e) (failure to have results of surveys and tests readily available for examination); or
(e) regulation 21(4) (failure to have nuclear ship safety certificate readily available for examination),
is an offence by the owner and master of a nuclear ship.
(6) Any contravention of regulation 25(3) (falsification of certificate etc.) is an offence by the person in question.
(7) An offence under paragraph (5) or (6) 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 six months, or a fine, or both.
(8) A person who contravenes regulation 18(12)(a), (b), (c) or (d) (providing training without approval etc.) is guilty of an offence.
(9) An offence under paragraph (8) 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.
(10) 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.
(11) For the purposes of paragraph (2), “Company” has the meaning given to it in regulation 1 of Chapter IX in the Annex to the Convention (International Safety Management (ISM) Code).

---
Source: https://www.legislation.gov.uk/uksi/2022/1169/regulation/31 (the official version)
Page: https://openlegislation.uk/merchant-shipping-nuclear-ships-regulations-2022/regulation-31
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.