UK Offence Report

Offences and penalties

regulation 15(3) of The Merchant Shipping (International Safety Management (ISM) Code) Regulations 2014 (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

3 Any breach of a term of an exemption granted under regulation 12 or a derogation from the ISM Code granted under Article 7 of the EU Regulation is an offence by the ISM company, punishable on summary conviction by a fine not exceeding the statutory maximum, or on conviction on indictment by a fine.

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 This is the text as originally made; later amendments are not shown here.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 ism company
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 ism 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 15(3)?

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 (International Safety Management (ISM) Code) Regulations 2014, 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 June 2014
In force from
18 July 2014
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 supplement and provide for the enforcement of the rights and entitlements set out in Regulation (EC) No. 336/2006 of the European Parliament and of the Council of 15th February 2006 (OJ L 64, 4.3.2006, p. 1) on the implementation of the International Safety Management Code (“the ISM Code”) within the Community and repealing Council Regulation (EC) No. 3051/95 (“the EU Regulation”). They also restate and consolidate within a single instrument United Kingdom regulations which require ships not covered by the EU Regulation to comply with the ISM Code. Regulation 1(2) revokes existing regulations concerning the ISM Code which are superseded by these Regulations and the EU Regulation. Regulation 4 requires the ISM company operating a ship to which the EU Regulation applies to comply with the ISM Code. In respect of the ships not covered by the EU Regulation but to which these Regulations apply, regulation 5 requires the ISM company operating such a ship to carry documentation demonstrating compliance with the ISM Code. Regulation 6 sets out the documentation requirements for the purposes of regulations 4 and 5. Regulation 7 imposes a duty on the master of a ship to discharge obligations under the ISM Code. Regulation 8 imposes a duty on the ISM company’s designated person to discharge obligations under the ISM Code. These regulations apply both to ships to which the EU Regulation applies and ships to which regulation 5(2) applies. Regulation 9 provides that Certifying Authorities (including the Secretary of State) may issue and endorse documents in respect of United Kingdom ships under the ISM Code. Regulation 10 provides that the Secretary of State may ask foreign governments to issue and endorse documents in respect of United Kingdom ships on behalf of the Secretary of State. Regulation 11 provides that the Secretary of State may issue and endorse documents in respect of foreign vessels upon request from foreign governments. Regulation 12 is a power for the Secretary of State to issue exemptions from the requirement of these Regulations as regards ships to which regulation 5(2) applies. Regulation 13 provides power for Certifying Authorities to suspend and cancel documents issued by or on behalf of the Secretary of State, and sets out the applicable procedure. Regulation 14 provides power for inspectors to detain ships in respect of non-compliance with the Regulations. Regulation 15 makes provision regarding offences and penalties in respect of non-compliance with specified regulations. Regulation 16 contains a defence in respect of those offences (other than the regulation 15(1)(a) offence) for a person to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. Regulation 17 amends the Merchant Shipping (Domestic Passenger Ships) (Safety Management Code) Regulations 2001 so that ships to which these Regulations apply are not subject to those Regulations. Regulation 18 contains transitional provisions in respect of existing ISM Code documents and ongoing proceedings under regulations revoked by regulation 1(2). Regulation 19 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them. The ISM Code and the Safety of Life at Sea Convention 1974, its Protocols and amendments and the Revised Guidelines on Implementation of the International Safety Management (ISM) Code by Administrations may be obtained from the International Maritime Organization, 4 Albert Embankment, London SE1 7SR, www.imo.org/publications. Merchant Shipping Notices are published by the Maritime and Coastguard Agency. Copies may be obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays, Essex RM17 9AY, tel 01375 484548, fax 01375 484556, email mnotices@ecgroup.co.uk. They may also be accessed via the MCA’s website www.dft.gov.uk/mca, which also has details of any amendments or replacements. A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside this instrument on ww.legislation.gov.uk.

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; the provision says the conduct is “punishable”
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