UK Offence Report

2 Any person contravening regulation 10 shall be guilty of an offence punishable on summary conviction to a…

regulation 11(2) of The Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations 1999

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 contravening regulation

10 shall be guilty of an offence punishable on summary conviction to

a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for

a term not exceeding two years or

a fine, or both.

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 This is the text as originally made; later amendments are not shown here.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
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 (knowingly, recklessly) - 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: the offence itself carries no fault word, but a duty it criminalises by cross-reference uses knowingly, recklessly; which element that governs was not determined.

What would breach regulation 11(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 what the provision prohibits, or failing to do what it requires under the Merchant Shipping (Counting and Registration of Persons on Board Passenger Ships) Regulations 1999.

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
30 June 1999
In force from
22 July 1999
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 revoke and replace the Merchant Shipping (Passenger Boarding Cards) Regulations 1988, the Merchant Shipping (Passenger Boarding Cards) (Application to non-UK Ships) Regulations 1988 and the Merchant Shipping (Passenger Counting and Recording Systems) Regulations 1990. The Regulations implement Council Directive 98/41/EC on the registration of persons sailing on board passenger ships operating to or from ports of the member States of the Community and Chapter III, regulation 24–2 of the annex to the International Convention for the Safety of Life at Sea 1974 (SOLAS), as amended by the Conference of the Contracting Governments to SOLAS on 28 November 1995. The principal changes from the provisions of the revoked Regulations are: i the requirement to have a system capable of counting all persons on board is applied to Class I ships (regulation 4); ii the requirement to collect specified information for ships departing on voyages of more than 20 miles from a UK port or, in respect of a UK passenger ship leaving a port outside the European Community, on international voyages (regulation 6); and iii the requirement to establish a passenger registrar by ship owners, who will be responsible for holding the information collected and transmitting it to the appropriate search and rescue services in the event of an emergency (regulation 8). A compliance cost assessment has been produced and a copy placed in the library of each House of Parliament. Copies may be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone: 01703 329360). Merchant Shipping Notices may be obtained from Eros Marketing Support Services, Delta House, Imber Court Trading Estate, Orchard Lane, East Molesey, Surrey KT8 0BN. Copies of SOLAS may be obtained from the International Maritime Organisation, 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 0.92.

Basis
the provision says a person is “guilty of an offence”; the provision says the conduct is “punishable”
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