UK Offence Report

Offence: failing to disclose a medical condition

regulation 46(2) of The Merchant Shipping (Boatmasters' Qualifications, Crew and Hours of Work) Regulations 2015

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 The owner of

a vessel who causes or permits it to begin

a voyage when the person serving as its master is

a person who contravenes regulation 25(1), 31(5) or 33(1), is guilty of an offence and liable on summary conviction to

a fine not exceeding level

5 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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
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 person 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 46(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. On these words an offence is committed where a person causes or permits it to begin a voyage when the person serving as its master is a person who contravenes regulation 25(1), 31(5) or 33(1).
  2. Doing the thing the provision prohibits under the Merchant Shipping (Boatmasters' Qualifications, Crew and Hours of Work) Regulations 2015, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
Unlimited
Standard scale
Level 5
Maximum prison (summary)
Not determined

level 5 is unlimited in England and Wales for offences committed on or after 12 March 2015 (LASPO 2012 s.85, S.I. 2015/664).

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
26 February 2015
In force from
4 April 2015
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 re-enact the Merchant Shipping (Inland Waterway and Limited Coastal Operations)(Boatmasters’ Qualifications and Hours of Work) Regulations 2006 (“the 2006 Regulations”) and the Merchant Shipping (Local Passenger Vessels) (Crew) Regulations 2006 (“the Crew Regulations”) which concern— the qualifications required by masters of vessels, including non-United Kingdom ships, of Classes IV, V, VI, VI(A), IX(A) and IX(A)(T) engaged on voyages in waters of category A, B, C and D and on some limited coastal voyages; the qualifications required by members of the crew of local passenger vessels (that is, broadly, UK ships which carry more than 12 passengers and operate only in the above waters); and the regulation of the hours of work of self-employed masters of UK passenger vessels of Classes IV, V, VI and VI(A) and hovercraft operating in the same waters. In addition to drafting amendments, they— introduce a new category of boatmaster’s licence (a Tier 2 Level 2 licence) for tidal waters; make minor changes to the endorsements required to authorise a master of a vessel to carry out certain vessel operations; make minor changes to the qualifying service and qualifications required before a licence or endorsement can be issued or revalidated; impose a new duty requiring boatmasters to be medically fit to perform normal duties and create an offence where a boatmaster engages on a voyage when not so fit; and make provision for the Regulations to be reviewed. Part 1 makes provision for general matters, including the revocation of the 2006 Regulations and the Crew Regulations and consequential amendments to the Merchant Shipping (Fees) Regulations 2006. Part 2 provides that a master of a vessel engaged on a voyage to which this Part applies must hold appropriate qualifications according to the type of vessel and the waters on which the vessel is navigated. Regulations 7 and 8 set out when this Part applies. Regulation 9 provides that a boatmaster is not qualified for the purposes of sections 49 (prohibition of going to sea undermanned) and 52 (unqualified persons going to sea as qualified officers or seamen) of the Act to serve as master unless the boatmaster holds a boatmaster’s licence (with endorsements where appropriate), boatmaster’s certificate, Rhine navigation licence or other qualifications specified by the Secretary of State in Merchant Shipping Notice (MSN 1853). Regulations 10 to 12 make further provision about the qualifications required. Regulation 13 provides that a boatmaster must not engage on a voyage unless medically fit to perform normal duties. Regulations 14 to 26 make provision in respect of boatmasters’ licences. Regulations 14 to 17 specify the class of licences and endorsements required to authorise a master to perform particular vessel operations on particular waters, including setting out port or harbour areas for which a local knowledge endorsement is required. Regulation 18 deals with the form of an application for a boatmaster’s licence. Regulations 19 to 24 set out the requirements that must be met in order for a boatmaster to be issued with a boatmaster’s licence or endorsement, including the minimum age and qualifying service. The practical skills and knowledge required are specified in MSN 1853. Regulations 21, 22 and 23 make provision for the additional conditions required for endorsements for large passenger vessels, fast craft and Ro-Ro operations. Regulation 24 deals with the qualifying service required for relevant local knowledge endorsements. Regulation 25 requires a holder of a boatmaster’s licence to disclose relevant medical conditions to the Secretary of State. Regulation 26 provides that a boatmaster’s licence is valid for five years but can be revalidated, provided that the master meets the conditions for revalidation specified in that regulation and MSN 1853. Regulations 27 to 31 make provision for boatmasters’ certificates. These are qualifications which, subject to local requirements and the terms of Council Directive 96/50 EC of 23 July 1996 on the harmonisation of the conditions for obtaining national boatmasters’ certificates for the carriage of goods and passengers by inland waterway in the Community, are valid throughout the EEA. Regulations 32 and 33 make provision enabling holders of Rhine navigation licences to apply for a supplementary licence authorising them to navigate on local waters for which special knowledge is required and imposing medical fitness requirements on licence holders. Regulation 34 disapplies certain local legislation to the extent that it is inconsistent with these regulations. Regulations 35 and 36 make provision about records and the loss of licences and certificates. Part 3 re-enacts the Crew Regulations and requires an owner of a local passenger vessel to which this Part applies to notify the Secretary of State whether an additional member of the crew needs to hold a qualification. Part 4 re-enacts (with minor amendments) Part 3 of the 2006 Regulations which regulates the hours of work of self-employed masters. Regulation 42 provides for the interpretation of Part 4 and regulation 43 describes the masters to whom the Part applies. Regulation 44 requires that a master must, so far as is reasonably practicable, be properly rested before coming on duty and establishes the hours which a master is permitted to work on any working day. Part 5 provides for the enforcement of these Regulations. Regulations 45 to 48 contain offences committed by masters or owners of vessels where: a vessel is operated by a master who is medically unfit (regulation 45); a relevant medical condition is not disclosed (regulation 46); a vessel sails without an approval under Part 3 (regulation 47); and there is a contravention of the hours of work requirements (regulation 48). Regulation 49 provides for the detention of vessels. Part 6 makes transitional provisions for persons holding existing qualifications under the 2006 Regulations and for approvals granted under the Crew Regulations or under the Merchant Shipping (Local Passenger Vessels) (Masters’ Licences and Hours, Manning and Training) Regulations 1993, which the Crew Regulations superseded. Part 7 requires the Secretary of State to review the operation and effects of these Regulations and to publish a report within five years after the Regulations come into force. Merchant Shipping Notices are published by the Maritime and Coastguard Agency. Copies may be downloaded from the MCA’s website https://www.gov.uk/government/organisations/maritime-and-coastguard-agency or by e-subscription from mnotices@ecgroup.co.uk with ‘Subscribe’ in the subject heading, or obtained from M-Notices Subscriptions, PO Box 362, Europa Park, Grays Essex RM17 9AY, tel 01375 484548, fax 01375 484556. Copies of the International Code for the Constructions and Equipment of Ships Carrying Dangerous Chemicals in Bulk, the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk and the International Maritime Dangerous Goods Code can be obtained from the International Maritime Organization at 4 Albert Embankment, London SE1 7SR www.imo.org/publications. Copies of the Revised Convention for Rhine Navigation are available from the Central Commission for the Navigation of the Rhine at Palais du Rhin, 2, Place de la Republique, F-67082 Strasbourg, www.ccr-zkr.org. 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 www.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 0.92.

Basis
the provision says a person is “guilty of 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