UK Offence Report

a regulation 6(1), 7(1), 10(1), 11(1), 16, 17(1), (2) or (3) or 19(2) is an offence by the owner and the…

regulation 23(1)(a) of The Merchant Shipping (Passenger Ships) (Safety Code for UK Categorised Waters) Regulations 2010

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

a regulation 6(1), 7(1), 10(1), 11(1), 16, 17(1), (2) or (3) or 19(2) is an offence by the owner and the master of the ship;

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 This is the text as originally made; later amendments are not shown here.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
an owner
Conduct
breaching the provision
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 an owner 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 23(1)(a)?

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 (Passenger Ships) (Safety Code for UK Categorised Waters) Regulations 2010.

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
8 March 2010
In force from
6 April 2010
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 consolidate and amend safety requirements for certain passenger ships that operate solely on inland waterways. The Regulations provide for the application of a safety code (and the consequential disapplication of a number of safety-related statutory instruments) to passenger ships carrying more than 12 passengers and engaged only on voyages in UK categorised waters (regulation 3(1)). Regulation 3(2) sets out exceptions for any ship that— possesses a passenger certificate issued under the Merchant Shipping (Survey and Certification) Regulations 1995; is a high speed craft; had its keel laid no more than 2 years before the date these Regulations come into force, is determined by the Secretary of State to be a ship that cannot reasonably be expected to comply with the requirements of the safety code and secures a passenger certificate under the 1995 Regulations within 2 years of that keel laying date; was laid up in the period of 5 years before the date these Regulations come into force, is determined by the Secretary of State to be a ship that cannot reasonably be expected to comply with the requirements of the safety code and secures a passenger certificate under the 1995 Regulations within 5 years of being laid up or 2 years of that coming into force date, whichever is soonest; or has been the subject of major modification that commenced no more than 2 years before the date these Regulations come into force, is determined by the Secretary of State to be a ship that cannot reasonably be expected to comply with the requirements of the safety code and secures a passenger certificate under the 1995 Regulations within 2 years after the day the major modification commenced. Subject to the grant of possible exemptions and recognition of equivalent requirements, a ship to which these Regulations apply is precluded from being put into service in the absence of initial, renewal, and annual surveys demonstrating that it meets construction standards set by a certifying authority and evidenced by a Partial Declaration of Survey of a Passenger Ship and meets mandatory safety requirements that are elaborated in a safety code set out in Merchant Shipping Notice 1823 (M). Regulations 4 to 7 and 10. Such ships are required to have a safety management system in place and this is subject to in-service verification at any time. Regulation 11. The satisfactory completion of initial and renewal surveys is evidenced by a passenger ship safety certificate issued by the Secretary of State. Satisfactory completion of annual surveys and safety management system in-service verifications are made the subject of an endorsement on the certificate by the surveyor. Persons are precluded from obstructing or impeding a surveyor carrying out a safety management system in-service verification. Regulations 8, 10 and 11. Certificates may be issued subject to conditions. Regulation 9. The passenger ship safety certificate is valid for up to 5 years plus, in the case of a renewal survey done in the final 3 months of a certificate the period between that survey and the expiry date of that certificate. However, that is conditional on compliance with its conditions, on securing annual endorsement, any safety management in service verification endorsement to it not being suspended or cancelled under the regulations. Regulation 12. Suspension may occur if, since the relevant survey, the ship is damaged or becomes deficient. Regulation 13. Cancellation may occur if the passenger ship safety certificate or related Partial Declaration of Ship Survey is obtained on the basis of false information. Regulation 14. Expired certificates and those that have been suspended or cancelled may be required to be surrendered. Regulation 20. Provision is made for arbitration in cases where a dispute arises concerning the outcome of a survey or safety management system in-service verification. Regulation 15. Certificates and additional survey reports are required to be kept on board ship and to be readily available. Regulation 16. Provision is made for the owner and the master of the ship to bear continuing responsibilities regarding conformity with the construction standards and mandatory safety requirements both in terms of maintenance and in terms of addressing accidents that may occur or defects that may be discovered. Regulation 17. Corrective action may be required if a surveyor finds a ship is deficient as regards its construction or compliance with mandatory safety requirements. If such action is not taken within a reasonable time the passenger ship safety certificate may be suspended. Regulation 18. Provision is made for additional surveys to be carried out where required to address accidents that may have occurred or defects discovered as well as important repairs or renewals made to the ship. A repair or renewal is deemed not to be important if advice is sought of the Secretary of State and the Secretary of State does not advise within 21 days that the repair or renewal is considered important. Regulation 19. Provision is made for detention of ships and for offences. Regulations 21 to 23. A number of statutory instruments relating to passenger ship safety are disapplied for those ships to which the Safety Code will be applicable. Regulation 24. A full impact assessment has been prepared and copies may be obtained from the Maritime and Coastguard Agency, Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone number 02380 329100). It is also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website www.opsi.gov.uk. A copy has been placed in the library of each House of Parliament. Merchant Shipping Notices are published by the MCA. Copies may be obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays, Essex, RM17 9AY (telephone number 01375 484548; fax 01375 484556; email orders mnotices@ecgroup.co.uk ). They may also be accessed via the MCA’s website http:/www.mcga.gov.uk which also has details of any amendments or replacements. The Chartered Institute of Arbitrators are located at the International Arbitration and Mediation Centre, 12 Bloomsbury Square, London WC1A 2LP and may be contacted on telephone 020 7421 7444. These Regulations were notified in draft to the European Commission in accordance with Directive 98/34/EC (provision of information in the field of technical standards) as amended by Directive 98/48/EC.

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 0.62.

Basis
the provision says an offence is committed “if” something happens
Confidence
0.62 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