UK Offence Report

1 Any contravention of— a regulation 11 (prohibition on United Kingdom ships proceeding to sea without a…

regulation 30(1) of The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020

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 Any contravention of—

a regulation 11 (prohibition on United Kingdom ships proceeding to sea without

a Sewage Certificate), 12(1), (2) or (3) (prohibition on non-United Kingdom ships proceeding to sea without

a Sewage Certificate or appropriate documentation), 18(2) (extensions of periods of validity of Sewage Certificates by

a Certifying Authority), 20(1), (2) or (3) (responsibilities of the owner and master of

a United Kingdom ship), 21(2) (additional surveys of United Kingdom ships) or 24(5) (duration and validity of Sewage Certificates) is an offence by the owner and master of the ship;

b regulation 8(1) or (2) (sewage systems), 9 (discharge connections) or 22(5) (procedure to be adopted when

a ship is deficient) is an offence by the owner of the ship;

c regulation 24(4) (duration and validity of Sewage Certificates) is an offence by the person in question;

d regulation 7 (prohibition on the discharge of sewage) in the case of

a fixed or floating platform, is an offence by the owner and manager of the platform; or

e regulation 7 (prohibition on the discharge of sewage) in the case of

a ship other than

a fixed or floating platform, is an offence by the owner, manager, demise charterer and 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 This is the text as originally made; later amendments are not shown here.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 certifying authority
Conduct
acting without the licence or authorisation required
Fault element
Mixed — some elements strict, some not
Burden of proof
Legal burden on the defendant

The prosecution must prove the conduct, and - for those elements the provision qualifies (intentionally, knowingly, recklessly, with intent to) - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

The provision gives a defence the defendant must prove, on the balance of probabilities. A legal burden of that kind can be read down to a merely evidential one under section 3 of the Human Rights Act 1998 where placing it on the defendant would be disproportionate (R v Lambert [2001] UKHL 37; Sheldrake v DPP [2004] UKHL 43).

Classifier’s reasoning: the offence itself carries no fault word, but a duty it criminalises by cross-reference uses knowingly, intentionally, recklessly, with intent to; which element that governs was not determined.

The defence, as drafted

In any proceedings for an offence under these Regulations, it is a defence for the person charged to prove that they took all reasonable steps and exercised all due diligence to ensure that the regulation in question was complied with. 2 Without prejudice to paragraph (1), in any proceedings for an offence under regulation 30(1)(d) or (e) (offences) it is a defenc

What would breach regulation 30(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. Starting the activity before the licence is granted, rather than on the day it takes effect under the Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020.
  2. Carrying on after a licence has expired, been surrendered or been suspended.
  3. Relying on somebody else's authorisation, where the provision requires the person doing the act to hold one.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
Unlimited
Maximum prison (summary)
Not determined

'to a fine' with no stated maximum.

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
29 June 2020
In force from
22 July 2020
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 implement the current version of Annex IV to the International Convention for the Prevention of Pollution from Ships, 1973, as amended by the Protocol of 1978 (“the Convention”). Annex IV contains regulations for the Prevention of Pollution by Sewage from Ships. The current version of Annex IV came into force internationally on 27th September 2003 and amendments have been made to it since that time. These Regulations implement all amendments to Annex IV as at the date of this statutory instrument. Future amendments to the Convention and other instruments referred to in these Regulations will be automatically incorporated into the Regulations by way of ambulatory reference (regulation 4). As a consequence of these Regulations, the Merchant Shipping (Prevention of Pollution by Sewage and Garbage from Ships) Regulations 2008 (S.I. 2008/3257) and amending instruments and provisions are revoked and other instruments are updated to refer to these Regulations (Schedule 1). The provisions in relation to the prevention of pollution by garbage from ships are now to be found in the Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020 (S.I. 2020/621), which come into force simultaneously with these Regulations. The Regulations apply to United Kingdom ships engaged on international voyages, wherever they may be, United Kingdom ships operating in polar waters and to other ships while they are within United Kingdom waters and engaged on international voyages. They do not apply to warships, naval auxiliary ships, other ships owned or operated by a State and used, for the time being, only on government non-commercial service or to any ship of less than 400 GT unless that ship carries more than 15 persons (regulation 6). Part 2 of the Regulations imposes a prohibition on the discharge of sewage into the sea (regulation 7) which applies unless particular requirements are met. There are different requirements for passenger ships operating in a special area from the relevant date determined by the IMO onwards and for United Kingdom ships operating in polar waters. Part 3 of the Regulations imposes requirements in relation to the equipment which must be utilised by ships and it covers sewage systems (regulation 8) and discharge connections (regulation 9). Part 4 of the Regulations provides that a ship must not proceed to sea or (if it is already at sea) remain at sea unless a survey has been carried out and a Sewage Certificate has been issued (regulations 11 and 12). It also provides that an additional survey will be required following an important repair or renewal (regulation 21) and that the ship must be maintained to conform with the provisions of Part 3 (regulation 20). Part 5 of the Regulations makes provision in relation to the powers of inspection and detention of ships, and in relation to offences and penalties. The Secretary of State must 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 thereafter (regulation 36). Following such a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke the Regulations or to amend them. Merchant Shipping Notices are published by the Maritime and Coastguard Agency (“MCA”) and a copy of MSN No. M 1613 may be obtained free of charge at www.gov.uk or in hard copy from the MCA of Spring Place, 105 Commercial Road, Southampton SO15 1EG. Guidance supporting these Regulations has been published in a Marine Guidance Note (MGN 631 (M+F)). Copies of MGN 631 (M+F) may be obtained free of charge at www.gov.uk or in hard copy from the MCA at the address given above. The Convention (including its Protocols, Annexes and amendments), the Polar Code, the London Convention, STCW and the Tonnage Convention can be obtained from the International Maritime Organization (“the IMO”) at IMO Publishing, 4 Albert Embankment, London SE1 7SR, www.imo.org/publications; email: sales@imo.org; telephone: 0207 735 7611. The text of IMO Resolutions may be obtained in hard copy from the IMO Library at the same address as IMO Publishing. The amendments to the Convention can be found on the Foreign and Commonwealth Office treaties database (https://treaties.fco.gov.uk/responsive/app/consolidatedSearch). Except where otherwise stated, copies of the Command Papers referred to in this instrument are not available electronically but are available for inspection free of charge but by appointment at the Parliamentary Archives Houses of Parliament, London, SW1A 0PW; email: archives@parliament.uk; telephone: 0207 219 3074. A hard copy of UNCLOS is available for inspection free of charge but by appointment at the Parliamentary Archives, Houses of Parliament, London SW1A 0PW (catalogue number: HL/PO/JO/10/11/3186/287). An electronic copy of Cm. 4524 can be found at https://treaties.fco.gov.uk/awweb/pdfopener?md=1&did=69421. Future amendments to the Convention and other documents to which the ambulatory reference provision (regulation 4) applies may be obtained from the IMO and, after coming into force in the United Kingdom, found on https://treaties.fco.gov.uk/responsive/app/consolidatedSearch. Until such publication is made, an amendment will be available from the MCA and on www.gov.uk. An amendment will be published in advance of its in force date by means of a Parliamentary Statement to both Houses of Parliament and by way of a Marine Guidance Note, which will be available in hard copy from the MCA and on www.gov.uk. A full Impact Assessment has not been produced for this instrument as it is not expected to have significant impact on the public or voluntary sectors and only minimal impact on the private sector is foreseen. An Explanatory Memorandum is published alongside this instrument at www.legislation.gov.uk.

Read the full note and every offence in this instrument

How this became law

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Neither House could have amended it. A statutory instrument is put to each House as a whole thing, to be approved or not; the Houses can reject an instrument or record their regret, but they cannot change a word of it. That is the constitutional position for every offence on this site.

The full procedural history →

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