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Section 12 Provision of information by operatorsI1I2

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Secretary of State may by notice require the operator of a service to which this Act applies to provide information to the Secretary of State for the purpose of—

(a)

establishing whether the service is or at any time was being operated consistently with an equivalence declaration provided by the operator, or

(b)

establishing whether an equivalence declaration provided by the operator is false or misleading in so far as it concerns the operation of the service before the declaration was provided.

(2)

The information referred to in subsection (1) may in particular include—

(a)

information relating to the service;

(b)

information relating to persons working on ships providing the service and their remuneration.

(3)

Subsection (1) does not require an operator to provide information to the extent that doing so would cause the operator to breach the data protection legislation or the data protection laws of any country or territory outside the United Kingdom (but in determining whether providing information would cause the operator to breach that legislation or those laws, the requirement imposed by subsection (1) is to be taken into account).

(4)

A notice under subsection (1) may require the information to be provided in a manner, and within a period, specified in the notice.

(5)

The operator of a service to which this Act applies is guilty of an offence if the operator—

(a)

fails to provide, in the manner and within the period specified under subsection (4), information required by the Secretary of State under this section,

(b)

provides information so required that is false or misleading, or

(c)

provides information so required that becomes false or misleading and fails to inform the Secretary of State within four weeks that it has become so.

(6)

A person guilty of an offence under subsection (5) is liable on summary conviction—

(a)

in England and Wales, to a fine, or

(b)

in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale.

Annotations

Commencement

I1

S. 12 not in force at Royal Assent, see s. 20(3)

I2

S. 12 in force at 1.12.2024 by S.I. 2024/1008, reg. 2