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Regulation 11 Penalties

Original text. Later amendments are not shown.

(1)

A master of a ship who contravenes any provision of regulations 6, 8(4) or 9(8)(a), (b), (c), (e) or (9)(d)(i) shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1000 or, on conviction on indictment, to imprisonment for a term not exceeding two years and a fine.

(2)

An owner of a ship who contravenes regulations 5 or 8(1) or (4) shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1000 or, on conviction on indictment, to imprisonment for a term not exceeding two years and a fine.

(3)

An officer who fails to supervise as instructed by the master and required by regulations 6(d) or 9(8)(a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding £500 or on conviction on indictment to imprisonment for a term not exceeding one year and a fine.

(4)

An officer responsible for the maintenance of the hoist who fails to keep a record as required by regulation 8(5) shall be guilty of an offence and liable on summary conviction to a fine not exceeding £500.

(5)

Any person who fails to comply with regulation 9(9)(d)(ii) or (iii) shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50.

(6)

It shall be a defence for a person charged with an offence under these Regulations to prove that he took all reasonable steps and exercised all due diligence to ensure that the Regulations were complied with.