Regulation 32 Offences

(1)

Any contravention of—

(a)

regulation 5(1), 6(1), 7(1), 8(1), 9(1), (2) or (3), 10(2), F111ZA(1) or (4), 18(4), 19(1) or (2), F219A(1) or (4), 20(3), 23(3) or (4) or 25(9)(c) F3, F425A(2) or (3), 25B(1) or paragraph 5(6) of Schedule 2A F5..., is an offence by the owner and by the master of the ship in question,

(b)

regulation F616(5), 21(6) F7or (10) or 24(2) is an offence by the owner of the ship in question,

F8(c)

regulation 20(1), 21(11), 23(6), 24(1), (4), (6), (7), (9), (10) or (11), 25(3), (3A) or (3B), (8), (10) or (11) or paragraph 2(3) to (5) or 5(1) to (5) of Schedule 2A is an offence by the master of the ship in question;

F9(d)

regulation 15(5), 19 F10..., 21(4), (4B) or (4D), 24(8), 25(4) or (5) or paragraph 2(2) to 2(3A) or 4(3) of Schedule 2A is an offence by the owner, manager, demise charterer and master of the ship in question;

(e)

regulation F1113B(4) or 18(3) is an offence by the person in question;

(f)

regulation 23(1) or (2) is an offence by the harbour authority or terminal operator in question;

(g)

regulation 25(2) is an offence by the fuel oil supplier in question;

(h)

regulation 25(7) or (9)(a) or (b) is an offence by the local supplier of fuel oil in question.

(2)

An offence under paragraph (1) is punishable—

(a)

on summary conviction by a fine not exceeding the statutory maximum; or

(b)

on conviction on indictment by a fine.

(3)

A fuel oil supplier’s representative who makes a false declaration in a bunker delivery note is guilty of an offence and punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine.

F12(3A)

Where a ship uses an emission abatement method which is not—

(a)

permitted in accordance with paragraph 6 or 7 of Schedule 2A,

(b)

authorised for the purposes of F13paragraphs 2 and 4 of Article 8, and Article 9, of the 2016 Directive by an EEA state F14..., or

(c)

authorised for the purposes of Annex VI by a Contracting Government other than the United Kingdom,

the owner and master are guilty of an offence and punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine.

F15(3B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3C)

A local supplier of fuel oil who fails to comply with a requirement under regulation 31A(1) is guilty of an offence and punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine.

(3D)

A person to whom a requirement under regulation 31A(2) is addressed who fails to comply with that requirement is guilty of an offence and punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine.

(4)

Where an offence under these Regulations is committed, or would be committed save for the operation of regulation 37(1), by any person due to the act or default of some other person, that other person is also guilty of the offence, and a person may be charged with and convicted of an offence by virtue of this paragraph whether or not proceedings are taken against the first person.

(5)

F16In this regulation “fuel oil supplier’s representative”, “fuel oil supplier” and “local supplier of fuel oil” have the same meaning as in regulation 25.

Annotations

Textual amendments

F1: Words in reg. 32(1)(a) inserted (24.4.2023) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(14)(a)(i)
F2: Words in reg. 32(1)(a) inserted (24.4.2023) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(14)(a)(ii)
F3: Words in reg. 32(1)(a) substituted (20.4.2010) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/895), reg. 1, Sch. 2 para. 12(a)
F4: Words in reg. 32(1)(a) inserted (24.4.2023) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(14)(a)(iii)
F5: Words in reg. 32(1)(a) omitted (24.4.2023) by virtue of The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(14)(a)(iv)
F6: Word in reg. 32(1)(b) substituted (20.4.2010) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/895), reg. 1, Sch. 2 para. 12(b)
F7: Words in reg. 32(1)(b) inserted (22.10.2021) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021 (S.I. 2021/1108), regs. 1(b), 2(11)(a)
F8: Reg. 32(1)(c) substituted (22.10.2021) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021 (S.I. 2021/1108), regs. 1(b), 2(11)(b)
F9: Reg. 32(1)(d) substituted (22.10.2021) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021 (S.I. 2021/1108), regs. 1(b), 2(11)(c)
F10: Words in reg. 32(1)(d) omitted (24.4.2023) by virtue of The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(14)(b)
F11: Words in reg. 32(1)(e) inserted (24.4.2023) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2023 (S.I. 2023/384), regs. 1(1), 2(14)(c)
F12: Reg. 32(3A) substituted (16.12.2014) by The Merchant Shipping (Prevention of Air Pollution from Ships) and Motor Fuel (Composition and Content) (Amendment) Regulations 2014 (S.I. 2014/3076), regs. 1, 2(4)
F13: Words in reg. 32(3A)(b) substituted (12.3.2019) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(2), 3(3)
F14: Words in reg. 32(3A)(b) omitted (31.12.2020) by virtue of The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 6(3); 2020 c. 1, Sch. 5 para. 1(1)
F15: Reg. 32(3B) omitted (14.1.2011) by virtue of The Motor Fuel (Composition and Content) and Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/3035), regs. 1, 16(3)
F16: Words in reg. 32(5) inserted (20.4.2010) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/895), reg. 1, Sch. 2 para. 12(e)