UK Offence Report

Offences and penalties

regulation 13(2) of The Merchant Shipping (Radiocommunications) (Amendment) Regulations 2021

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 A person to whom regulation

12 applies who fails to—

a carry out the specified tests in regulation 12(3), or

b inform the master if any radio equipment required by these Regulations is not in working order, is guilty of an offence in respect of each case of non-compliance.

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 This is the text as originally made; later amendments are not shown here.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
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 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 13(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 fails to— a carry out the specified tests in regulation 12(3), or b inform the master if any radio equipment required by these Regulations is not in working order.
  2. Not doing what the provision requires under the Merchant Shipping (Radiocommunications) (Amendment) Regulations 2021, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
Unlimited
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
29 November 2021
In force from
24 December 2021
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 outstanding amendments to Chapter IV of the International Convention for the Safety of Life at Sea, 1974 (“the Convention”), which relates to radiocommunications, in respect of ships engaged on international voyages. These Regulations also amend the Merchant Shipping (Radio Installations) Regulations 1998 (S.I. 1998/2070) (“the 1998 Regulations”) to make provision for radiocommunications in relation to ships engaged on non-international voyages. These Regulations therefore have the effect that the 1998 Regulations cease to apply to ships subject to the Convention requirements, which must only comply with the requirements in these Regulations. These Regulations contain requirements relating to a ship’s radiocommunications equipment and arrangements. These Regulations apply, with certain limited exceptions, to United Kingdom ships and to non-United Kingdom ships in United Kingdom waters, including ships from countries which are not parties to the Convention. These Regulations implement all amendments to Chapter IV as at the date on which this instrument comes into force. All future amendments to the provisions of Chapter IV (radiocommunications), and the instruments referred to in them, and Article 47 of the Radio Regulations, will be automatically incorporated into these regulations by way of the ambulatory reference provision (regulation 7) using the power in section 306A of the Merchant Shipping Act 1995. These Regulations provide for the granting of exemptions (regulation 5) and the approval of equivalents (regulation 6). Regulations 8 to 12 apply the technical carriage requirements in Chapter IV to ships engaged on international voyages. Regulation 9 makes provision for performance standards (including, for the purpose of compliance by non-UK ships in UK waters, reference to the international standards set out in Annex 1 to Merchant Shipping Notice 1874 (M+F) Amendment 4). Regulation 10 makes provision for watches etc. (including in relation to maintenance requirements, radio personnel and radio records) and where relevant refers to recommendations etc. in Marine Guidance Note 641. Regulation 12 makes it a requirement for specified persons to carry out tests and checks of radio equipment, and to inform the master if radio equipment is defective. Regulation 13 makes provision for a number of offences. Regulation 13(1) makes it an offence by the owner and master for a ship to be used in contravention of any of the requirements of these Regulations. Regulation 13(2) makes it an offence by a person to whom regulation 12 applies to fail to carry out the tests and checks, or inform the master of defective equipment, as required by regulation 12. Regulation 14 contains power to detain a ship in cases of non-compliance with these Regulations and certain provisions of Chapter IV. Regulation 15 requires the Secretary of State to review the operation and effect of these Regulations and publish a report before 24th December 2026 and at intervals not exceeding 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 amended or revoked. A further instrument would be needed to amend or revoke the Regulations. Part 1 of Schedule 1 to these Regulations amends the 1998 Regulations to prescribe the technical requirements for ships not engaged on international voyages, including provision that the carriage requirements relating to radio equipment are prescribed in Merchant Shipping Notice (MSN) 1903(M). Part III of the 1998 Regulations is revoked as the requirements contained in that Part no longer apply to any ship. The Marine Guidance Notice and Merchant Shipping Notices referred to in these Regulations are available from the Maritime and Coastguard Agency (MCA) of Spring Place, 105 Commercial Road, Southampton SO15 1EG (telephone 020 3817 2000 and email infoline@mcga.gov.uk) and on https://www.gov.uk/government/organisations/maritime-and-coastguard-agency. The Convention and its Protocol of 1988 may be obtained in copy from the International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR and both are available on the Foreign and Commonwealth Office (FCO) treaties database (https://treaties.fco.gov.uk/responsive/app/consolidatedSearch/). The text of the IMO Resolutions amending the Convention and Protocol may be obtained from the IMO or found in a Marine Information Note, or on the FCO treaties database (https://treaties.fco.gov.uk/responsive/app/consolidatedSearch/). Future amendments to the Convention and to the Protocol may be obtained in copy from the IMO and, after coming into force in the United Kingdom, found on the Foreign and Commonwealth Office (FCO) treaties database (https://treaties.fco.gov.uk/responsive/app/consolidatedSearch/). Until such publication is made on the FCO treaties database, an amendment will be available from the MCA and on https://www.gov.uk. An amendment will be publicised 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 copy from the MCA and on https://www.gov.uk/government/organisations/maritime-and-coastguard-agency. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. An Explanatory Memorandum is published alongside the instrument on 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 →

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