UK Offence Report

Certificate of non-compliance

regulation 22(1) of The Tonnage Tax (Training Requirement) Regulations 2000

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

1 The Secretary of State may issue

a certificate of non-compliance in respect of

a single company if—

a the company fails to meet its training commitment for successive periods amounting to not less than two years, or

b the company, or any of its officers, commits an offence under Schedule

22 to the Act.

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 This is the text as originally made; later amendments are not shown here.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 company
Conduct
failing to do something the instrument requires
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 company 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 22(1)?

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. Not doing what the provision requires under the Tonnage Tax (Training Requirement) Regulations 2000, by the time it requires it to be done.
  2. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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
3 August 2000
In force from
31 August 2000
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 make provision in relation to the training requirement referred to in Schedule 22 to the Finance Act 2000. The Regulations set out the minimum obligation of a tonnage tax company or group as regards the training of seafarers (regulations 3 to 6), and who counts as an “eligible officer trainee” (regulation 7). The Regulations impose a requirement on tonnage tax companies and groups to submit an annual training commitment to the Secretary of State for approval (regulation 8). The contents of this training commitment are prescribed. The Secretary of State is empowered to consult the Merchant Navy Training Board or the Maritime Training Trust (or both of them) about the training commitment (regulation 9). The Regulations set out the procedure to be followed where the Secretary of State is minded not to approve a training commitment (regulation 10). The Regulations enable the Secretary of State to adjust a training commitment to take account of changed circumstances, where an application is made by the company or group (regulation 11). Provision is made to allow companies or groups to make payments in lieu of training and to require such payments in some circumstances, and for the calculation of such payments (regulations 13 to 18). The Regulations provide for returns to be made every four months relating to the training provided and any payments in lieu of training (regulation 12), enable the Secretary of State to direct any person to provide information about a minimum training obligation or compliance with a training commitment (regulation 19), and to appoint a person to carry out an audit of accounts or other records (regulation 20). Provision is made for a higher rate of payment in case of failure to meet the training commitment (regulation 21), and for the issue or cancellation of a certificate of non-compliance (regulations 22 to 24). Regulation 25 provides for the Merchant Navy Training Board and the Maritime Training Trust to be prescribed persons for the purposes of paragraph 34(2) of Schedule 22, which concerns disclosure of information by or to the Secretary of State. Copies of the STCW Convention, and of Resolution A.600(15) of 19th November 1987 of the International Maritime Organization, both referred to in regulation 2, are obtainable from that Organization at 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 “commits 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