# The Nuclear Industries Security Regulations 2003, Regulation 29: Transport in a ship other than a United Kingdom ship or a hovercraft other than a United Kingdom hovercraft: offences

Extent: E+W+S+N.I.

(1) If—
(a) any person fails to comply with an obligation that by virtue of—
(i) paragraph 5(2) of Schedule 1 to the Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014,
(ii) regulation 27A(2), or
(iii) regulation 27A(2) as applied by regulation 28,
is to be met in respect of a ship as a condition of its entry to a port in the United Kingdom, and
(b) the ship enters or has entered the port or an attempt is or has been made for it to do so,
that person is guilty of an offence.
(2) For the purposes of paragraph (1), a person is not to be regarded as failing to comply with any obligation mentioned in that paragraph by reason of anything done, or omitted to be done, by that person in order to comply with a 2001 Act direction.
(3) A person guilty of an offence under paragraph (1) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both), and
(b) on summary conviction, to imprisonment for a term not exceeding six months or in England and Wales a fine or, in Scotland and Northern Ireland, a fine not exceeding the statutory maximum (or both).
(4) Proceedings for an offence to which paragraph (3) applies that is committed outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in the United Kingdom.
(5) In paragraph (3)(b) as it has effect in England and Wales, the reference to a fine is to be read until the date on which section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (removal of limit on certain fines on conviction by magistrates' court) comes into force as a reference to a fine not exceeding the statutory maximum.

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Source: https://www.legislation.gov.uk/uksi/2003/403/regulation/29 (the official version)
Page: https://openlegislation.uk/nuclear-industries-security-regulations-2003/regulation-29
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.