The Merchant Shipping (Passengers’ Rights) Regulations 2013

UK Statutory Instrument 2013 No. 425 — creates 11 criminal offences.

11offences created

0recorded in force

0revoked

Made: 26 February 2013
In force from: 27 March 2013
Extent: Not stated
Subject: Transport: maritime, aviation, rail and harbours
Made under: European Communities Act 1972

Explanatory note

(This note is not part of the Regulations ) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations provide for the enforcement of the rights and entitlements set out in Regulation (EU) No 1177/2010 of the European Parliament and of the Council (OJ L. 334, 17.12.2010, p1) (“the EU Regulation”) which concerns the rights of passengers, particularly those with a disability or reduced mobility, when travelling by sea and inland waterway. Regulation 3 provides offences for failure to comply with various obligations set out in the EU Regulation. These obligations fall, respectively, on sea and inland waterway carriers, ticket vendors, port authorities, terminal operators, tour operators, and travel agents, and the penalties provided by regulation 4 vary from fines not exceeding level 5 on the standard scale on summary conviction to an unlimited fine on conviction on indictment. Regulation 5 provides that, where a person on whom an obligation is imposed, arranges for another person to carry out that obligation on their behalf, both parties commit an offence if it is contravened. Regulation 6 provides that it will be a defence for a person to demonstrate that all reasonable steps were taken to ensure compliance with the EU Regulation. Regulation 7 provides that members and officers of corporate bodies, partnerships and unincorporated associations who have contributed to a failure to comply with the EU Regulation are also be liable to prosecution. Regulation 8 designates the Maritime and Coastguard Agency as the body responsible for the enforcement of the EU Regulation, and gives it the right to ask for information to assist it in carrying out its functions: it is an offence punishable with a fine not exceeding level 5 on the standard scale on summary conviction, or an unlimited fine on conviction on indictment, to fail to provide it with such information without reasonable excuse. Regulation 9 enables persons who have suffered an infringement of their rights under the EU Regulation to seek compensation separately from any penal sanction that may be imposed. A claim for compensation must be brought within six months of the infringement complained of unless the court considers it is just and equitable to consider a claim that is out of time. Regulation 10 provides that certain transitory provisions relating to the commencement of the Equality Act 2010 do not apply to the extent that the EU Regulation governs a particular case. Regulation 11 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them. A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been produced and a copy placed in the library of both Houses of Parliament. Copies may be obtained from the Department for Transport, Great Minster House, 33 Horseferry Road, London, SW1P 4DR. Alternatively, copies can be obtained from the Department for Transport’s website, which is at www.gov.uk. It is also published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

Offences created by this instrument

A carrier who contravenes an obligation imposed by Article 4(1), 17, 18 or 19(5) is guilty of an offence regulation 3(1) · Status not determined · Strict liability
A carrier or a ticket vendor who contravenes an obligation imposed by Article 4(2) is guilty of an offence regulation 3(2) · Status not determined · Strict liability
A carrier or a terminal operator who contravenes an obligation imposed by Article 10, 11(3), (4) or (5), 12(3), 13,… regulation 3(3) · Status not determined · Strict liability
A carrier, port authority or terminal operator who contravenes an obligation imposed by Article 23 is guilty of an… regulation 3(4) · Status not determined · Strict liability
A carrier, tour operator or travel agent who contravenes an obligation imposed by Article 7 or 8(2), (3), (4) or (5)… regulation 3(5) · Status not determined · Strict liability
A carrier, terminal operator, tour operator or travel agent who contravenes an obligation imposed by Article 9 or… regulation 3(6) · Status not determined · Strict liability
A carrier, terminal operator, ticket vendor, tour operator or travel agent who contravenes an obligation imposed by… regulation 3(7) · Status not determined · Strict liability
A tour operator or travel agent who contravenes an obligation imposed by Article 11(3) or 12(2) is guilty of an offence regulation 3(8) · Status not determined · Strict liability
Where— a an offence is committed by a body corporate or a partnership (including a limited liability partnership and a… regulation 7(1) · Status not determined · Strict liability
a an offence is committed by a body corporate or a partnership (including a limited liability partnership and a… regulation 7(1)(a) · Status not determined · Strict liability
Enforcement regulation 8(3) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019 Lords · Lords Chamber · 18 March 2019 · Baroness Sugg
I thank noble Lords for their consideration of these draft regulations. The noble Baroness, Lady Randerson, pointed out the high quality of the seafarer qualifications, and we will continue to recognise them in accordance with the international STCW convention, so standards will not slip and will not be affected by our departure from the EU. To work on a UK-registered vessel, EU seafarers will still need to obtain a UK certificate of equivalent competency. On the position of UK seafarers on EU-flagged ships, it is in the interests of both the UK and the EU to avoid any barriers to UK…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2013