# The Merchant Shipping (Passenger Counting and Recording Systems) Regulations 1990, Regulation 5: Offences


(1) If there is any breach of regulation 2(1) then the owner of the ship shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
(2) If there is any breach of regulation 2(2) then the master of the ship shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum, and if there is any breach of regulation 2(4) then the master and owner shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum.
(3) If there is any breach of regulation 2(5) then the master and owner of the ship shall each be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
(4) If there is any breach of regulation 3 then the owner of the ship shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(5) Any person contravening regulation 4 shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both.
(6) It shall be a good defence to a charge under these Regulations to prove that the person charged took all reasonable steps to avoid commission of the offence.

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Source: https://www.legislation.gov.uk/uksi/1990/659/regulation/5 (the official version)
Page: https://openlegislation.uk/merchant-shipping-passenger-counting-and-recording-systems-regulations-1990/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

