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Regulation 26 Penalties

(1)

If a ship to which these Regulations apply proceeds or attempts to proceed to sea or on a voyage or excursion without complying with the requirements of regulations 6 F1to F29D, the owner and master 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.

(2)

Any contravention of regulation 10(1), 23(1) F3to F4(5H) or 24 shall be an offence by both the owner and master and shall be punishable on summary conviction by a fine not exceeding the statutory maximum or, on conviction on indictment, by imprisonment for a term not exceeding two years, or a fine, or both.

(3)

Any contravention of regulation 21(3) shall be an offence, punishable on summary conviction by a fine not exceeding the statutory maximum, or conviction on indictment by imprisonment for a term not exceeding 6 months, or a fine, or both.

(4)

If a ship proceeds to sea without regulation 22 being complied with, the owner and master shall each be guilty of an offence punishable on summary conviction by a fine not exceeding level 3 on the standard scale.

(5)

Any contravention of regulation F525 to 25C shall be an offence by both the owner and master and shall be punishable by a fine not exceeding £50,000 on summary conviction, or on conviction on indictment, by imprisonment for a term not exceeding two years or a fine, or both.

(6)

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

Annotations

Textual amendments

F1

Words in reg. 26(1) substituted (9.2.2022) by The Merchant Shipping (High Speed Offshore Service Craft) Regulations 2022 (S.I. 2022/41), regs. 1(2), 6(12)(a) (with reg. 3)

F2

Word in reg. 26(1) substituted (19.1.2026) by The Merchant Shipping (Safety Measures for Ships Carrying Industrial Personnel and Special Personnel) Regulations 2025 (S.I. 2025/1298), reg. 1(1), Sch. para. 14(a) (with reg. 4)

F3

Words in reg. 26(2) substituted (9.2.2022) by The Merchant Shipping (High Speed Offshore Service Craft) Regulations 2022 (S.I. 2022/41), regs. 1(2), 6(12)(b) (with reg. 3)

F4

Word in reg. 26(2) substituted (19.1.2026) by The Merchant Shipping (Safety Measures for Ships Carrying Industrial Personnel and Special Personnel) Regulations 2025 (S.I. 2025/1298), reg. 1(1), Sch. para. 14(b) (with reg. 4)

F5

Words in reg. 26(5) substituted (19.1.2026) by The Merchant Shipping (Safety Measures for Ships Carrying Industrial Personnel and Special Personnel) Regulations 2025 (S.I. 2025/1298), reg. 1(1), Sch. para. 14(c) (with reg. 4)