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Part II Entries relating to ships to which the Disciplinary Offences Regulations 1972 apply

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Column 1Column 2Column 3
Particulars of entrySignatoryWitness
39When a seaman is charged with a disciplinary offence under the Disciplinary Offences Regulations—

a record—

(a) if the offence is not to be dealt with by the master, of the name of the officer authorised under regulation 5(2) of the Disciplinary Offences Regulations to exercise the powers and duties of the master in respect of that offence;

(b) of the name of the seaman charged;

(c) of the charge;

(d) that the master or the officer referred to in sub-paragraph (a) of this paragraph has read the charge to the seaman;

(e) (i) if the seaman admits the charge, a statement that he admits it; or

(ii) in any other case, a statement that the seaman does not admit the charge;

(f) (i) particulars of any statement made by the seaman in answer to the charge; or

(ii) that he declines to make a statement in answer to the charge;

(g) the decision of the master or of the officer referred to in sub-paragraph (a)—

(i) as to whether or not he finds that the seaman has committed the offence charged; and

(ii) if he finds that the seaman has committed the offence, as to the amount of the fine which he is imposing for that offence or that he is imposing no fine.

The master or the officer named in an entry under sub-paragraph (a) of this paragraphA member of the crew other than the seaman named in an entry under sub-paragraph (b) of this paragraph
40If the master remits the whole or a part of a fine in accordance with the Disciplinary Offences Regulations, a record of the remission, referring to the relevant entry under paragraph 39 and stating the amount remitted and the reason for the remission.The masterNone
41

Where a seaman makes an appeal against a fine—

a record—

(a) of the date of receipt by the master of—

(i) the seaman's notice of appeal;

(ii) the seaman's withdrawal of the appeal (if any);

(b) that the appeal is to be heard at an intermediate port as defined in regulation 1(2) of the Disciplinary Offences Regulations;

The master (sub-paragraphs (a) and (b))A member of the crew other than the seaman named in an entry under paragraph 39(b)

(c) (i) the date of receipt by a superintendent or proper officer of notice of the appeal;

(ii) the identity of the superintendent or proper officer receiving notice of the appeal;

(iii) the receipt by the superintendent or proper officer of the seaman's withdrawal of the appeal (if any);

(iv) the decision of the superintendent or proper officer, stating whether he confirms or quashes the decision of the master and whether he remits the whole or what part of the fine.

The superintendent or proper officer named in an entry under sub-paragraph (c)(ii) of this paragraph (sub-paragraph (c))None
42

Where a fine has been imposed on a seaman for a disciplinary offence—

a record—

(a) that the amount of the fine so far as not remitted by the master or on appeal has been paid to a superintendent or proper officer—

(i) identifying the seaman on whom the fine was imposed;

(ii) specifying the amount paid;

(iii) identifying the superintendent or proper officer to whom the amount is paid;

The master in person (sub-paragraph (a))None
(b) of the receipt by the superintendent or proper officer of the amount specified in the entry made in pursuance of sub-paragraph (a)(ii) of this paragraph.The superintendent or proper officer receiving the amount (sub-paragraph (b))None