UK Offence Report

Penalties

regulation 105(2) of The Merchant Shipping (Fire Protection: Large Ships) Regulations 1998 (revoked)

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 contravention of regulation 30(3)(c) by the master shall be an offence punish-able on summary conviction by

a fine not exceeding level 5.

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 This is the text as originally made; later amendments are not shown here.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 master
Conduct
contravening a requirement of the instrument
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

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 master 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.

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

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 105(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. Doing the thing the provision prohibits under the Merchant Shipping (Fire Protection: Large Ships) Regulations 1998, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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 April 1998
In force from
11 May 1998
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 give effect in relation to United Kingdom Ships of Classes I, II and Class II(A) of over 21.34 metres in length and Classes VII to IX, XI and XII of over 500 tons, to the provisions of Chapter II-2 of the Amendments to the International Convention for the Safety of Life at Sea 1974 (SOLAS), adopted by the Maritime Safety Committee of the International Maritime Organization at its forty-fifth Session for ships constructed on or after 1st September 1984, and amended by the Maritime Safety Committee in accordance with resolutions MSC 6(48), MSC 13(57), MSC 22(59), MSC 24(60) and MSC 27(61), and further amended by resolution 1 of the Conference of Contracting Governments to the International Convention for the Safety of Life at Sea 1974, adopted on 29th November 1995. They include requirements which, in relation to existing ships, were previously con-tained in the Merchant Shipping (Fire Appliances) Regulations 1980 (S.I. 1980/544) as amended, the Merchant Shipping (Passenger Ship Construction) Regulations 1980 (S.I. 1980/535) as amended, the Merchant Shipping (Cargo Ship Construction and Survey) Regulations 1981 (S.I. 1981/572) as amended, the Merchant Shipping (Fire Protection) Regulations 1984 (S.I. 1984/ 1218) as amended and the Merchant Shipping (Fire Protection) (Ships built before 25th May 1980) Regulations 1985 (S.I. 1985/1218) as amended. They impose new requirements giving effect to resolution MSC 27(61) a in respect of passenger ships constructed on or after 1st October 1994 and carrying more than 36 passengers, including provisions for— i enhanced fire integrity of bulkheads and decks including fire zone boundaries ; ii dimensioning of escape ways; iii marking of escape ways with low located lighting systems; iv controlling “A” Class doors arranged for power operation; v mandatory installation of fixed sprinkler fire extinguishing systems in accommodation spaces; and b in respect of tankers constructed on or after 1st October 1994 means for monitoring and controlling flammable atmospheres in double hull spaces ; and c prohibiting new installations of halon fire-extinguishing systems. They impose new requirements giving effect to resolution MSC 24(60) in respect of passenger ships constructed before 1st October 1994 and carrying more than 36 passengers, including provisions for— i fixed fire detection systems in accommodation spaces; ii fixed sprinkler fire extinguishing systems in accommodation spaces; iii enclosing of stairways and limitation on furnishings within stairway enclosures; iv public address systems; v marking of escape ways with low located lighting systems; vi machinery space fixed fire-extinguishing systems; vii ro-ro cargo and special category space protection; Such requirements come into effect on various dates which take account of a vessels standard of structural fire protection. A compliance cost assessment has been prepared and copies can be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG. A copy has been placed in the Library of each House of Parliament. Merchant Shipping Notices referred to in these Regulations are obtainable from distribution agents Eros Marketing Support Services Ltd, Unit B, Imber Court Trading Estate, Orchard Lane, East Molesey, Surrey KT8 0BN (Telephone Number 0181 957 5028). Copies of the British Standards specifications and International Standards referred to in these Regulations may be obtained from any of the sales outlets operated by the British Standards Institution, or by post from the British Standards Institution at Linford Wood, Milton Keynes MK14 6LE (Telephone Number: (01908) 320066). SOLAS, its Protocol and amendments, and IMO Publications and Resolutions are obtainable from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR.

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 0.88.

Basis
the provision says the conduct “is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.88 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