UK Offence Report

Citation, commencement, interpretation and revocation

regulation 2 of The Merchant Shipping (Official Log Books) (Amendment) Regulations 1991

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

2 Any person who contravenes paragraph (1) above shall be guilty of an offence. ;

d in regulation

9 “a Department of Transport surveyor” shall be inserted after “superintendent,”;

e in regulation 10(2)(a) “fixed term” shall be inserted before “crew agreement” and; for regulation 10(3) the following shall be substituted:

3 If, at the time specified in paragraph (2) of this regulation there is pending

a wages submission, the time referred to in paragraph (1) of this regulation is either the time when all such submissions have been determined by

a superintendent or proper officer or withdrawn, or the expiration of

7 days after the time specified in paragraph (2) of this regulation, whichever shall be the earlier. ;

f in regulation

11 delete £50 and insert “level

2 on the standard scale”;

g in the Schedule, in entry 8, for “16” there shall be substituted “17”;

h in the Schedule, in entry 9, for “12” there shall be substituted “19”;

i in the Schedule, in entry 10, the following shall be subsituted for column 1;

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
contravening a requirement of the instrument
Fault element
Mixed — some elements strict, some not
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no fault word in the offence-creating words, but the surrounding provision uses has reason to believe - which element it governs was not determined.

What would breach regulation 2?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. On these words an offence is committed where a person contravenes paragraph (1) above.
  2. Doing the thing the provision prohibits under the Merchant Shipping (Official Log Books) (Amendment) Regulations 1991, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Not determined
Maximum fine
£100
Standard scale
Level 2
Maximum prison (summary)
Not determined

this is the level 2 value when the instrument came into force (1991-10-22); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean £500.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
23 September 1991
In force from
22 October 1991
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations amend the Merchant Shipping (Official Log Books) Regulations 1981, primarily to take account of changes made to other regulations in implementing the recommendations of the formal investigation into the loss of the “Herald of Free Enterprise”. The main amendments consist of: a the addition at regulation 9(1) of Department of Transport surveyors to the list of persons authorised to demand production of the Official Log Book; b the insertion at Part IV of the Regulations of a specific reference to passenger ships, together with a new requirement for masters to enter the times of closing and opening the shell and bulkhead doors in accordance with the Merchant Shipping (Closing of Openings in Enclosed Superstructures and in Bulkheads above the Bulkhead Deck) Regulations 1988; c a new requirement at Part IV to record draughts, trim and vertical distances in accordance with the Passenger Ship Regulations 1980 and 1984. Other changes include the updating of the citation, commencement, interpretation and revocation at regulation 1, the insertion of a new regulation 6A to make it an offence to make a false entry in the Official Log Book, and provision for indefinite crew agreements in addition to fixed term crew agreements.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source