UK Offence Report

Contravention of The Merchant Shipping (Cargo Ship Construction) Regulations 1997

the instrument as a whole of The Merchant Shipping (Cargo Ship Construction) Regulations 1997

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

Contravening this instrument is an offence under section 85(5)-(7) of the Merchant Shipping Act 1995. The instrument itself contains no offence-creating words.

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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
Fault element
Strict liability
Burden of proof
Not determined

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

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. Doing what the provision prohibits, or failing to do what it requires under the Merchant Shipping (Cargo Ship Construction) Regulations 1997.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 85(5)-(7) of the Merchant Shipping Act 1995.

the penalty is in the parent Act, not in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

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
7 June 1997
In force from
11 July 1997
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 replace the Merchant Shipping (Cargo Ship Construction and Survey) Regulations 1981 and 1984, and amendments. They also implement certain recent amendments to the Safety of Life at Sea Convention 1974 (SOLAS) and implement in part EC Directive 94/57/EC. The Regulations now contain requirements for ships of all dates of construction since 1965. A number of details of technical requirements previously contained in Regulations are now contained in a Merchant Shipping Notice. The principal changes from the previous Regulations are— a number of requirements on United Kingdom ships which went beyond existing SOLAS requirements are omitted. the new SOLAS amendments implemented are— amendments made by Resolution MSC 13(57) including, among other matters, revised requirements as to damage control information, and double bottoms in ships other than tankers; amendments made by Resolution MSC 27(61) including requirements for access to the cargo tank area of tankers and revised requirements for communications, electrical arrangements and ventilation of spaces; amendments made by Resolution 1 of the Conference on Global Maritime Distress and Safety System; amendments made by Resolution MSC 31(63) for emergency towing arrangements in oil tankers, chemical tankers and gas carriers of more than 20,000 dwt, and requirements for oil fuel installations; and United Kingdom ships in complying with their statutory requirements as to construction and maintenance of hull, machinery, electrical installations and control installations now also have to comply with certain rules of Classifications Societies or the Institution of Electrical Engineers (referred to in the Regulations as “approved standards”) (regulation 5). The Regulations enable the Secretary of State to authorise persons to act as Certifying Authorities for the purpose of the Regulations. Currently so authorised are Lloyd’s Register of Shipping, the British Committee of Bureau Veritas, the British Committee of Det Norske Veritas, the British Committee of Germanischer Lloyd, the British Committee of Registro Italiano Navale and the British Technical Committee of the American Bureau of Shipping. A compliance cost assessment has been prepared and copies can be obtained from the Marine Safety Agency, Department of Transport, Spring Place, 105 Commercial Road, Southampton SO15 1EG. A copy has been placed in the library of each House of Parliament. Merchant Shipping Notices are obtainable from Eros Marketing Support Services Ltd, Unit B, Imber Court Trading Estate, Orchard Lane, East Molesey, Surrey KT8 0BN (Telephone number: 0181 957 5028). The SOLAS Convention, its Protocol and amendments and the Codes and Guidelines referred to in the Regulations are obtainable from the International Maritime Organisation, 4, Albert Embankment, London SE1 7SR. British or International Standards are obtainable from the British Standards Institution, 389 Chiswick High Road, London W4 4AL and the Institution of Electrical Engineers Regulations from the Institution at Savoy Place, London WC2 0BL.

Read the full note and every offence in this 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 0.70.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.70 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