UK Offence Report

Offences and penalties

regulation 21(2) of The Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 2022

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 If a bulk carrier to which regulation 16 (solid bulk cargo density declaration) applies is loaded with bulk cargo without complying with the requirements of regulation 16(1) or (2), the shipper 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 This is the text as originally made; later amendments are not shown here.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 bulk carrier
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 bulk carrier 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 21(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. Not doing what the provision requires under the Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 2022, by the time it requires it to be done.
  2. 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
28 November 2022
In force from
20 December 2022
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 amendments to Chapter XII of the International Convention for the Safety of Life at Sea, 1974 (“the Convention”) relating to additional safety measures for bulk carriers and apply to all bulk carriers of 500 gross tons or more; that is, United Kingdom bulk carriers wherever they are in the world and foreign flagged bulk carriers while they are in United Kingdom waters. They also make provision in respect of bulk carriers to which the Convention does not apply. The Regulations contain particular requirements for bulk carriers that are additional to the requirements in other merchant shipping legislation implementing the Convention, and with which bulk carriers must also comply. The Regulations revoke and replace the Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 1999 (S.I. 1999/1644) (“the 1999 Regulations”) and revoke the Merchant Shipping (Additional Safety Measures for Bulk Carriers) (Amendment) Regulations 2004 (S.I. 2004/2151), which amend the 1999 Regulations. The Regulations also make partial revocations to the Merchant Shipping (Miscellaneous Provisions) (Amendments etc.) (EU Exit) Regulations 2018 (S.I. 2018/1221). All future amendments to the provisions of Chapter XII, the International Code on the Enhanced Programme of Inspections during surveys of Bulk Carriers and Oil Tankers 2011 and the International Management Code for the Safe Operation of Ships and for Pollution Prevention referred to in these Regulations will be automatically incorporated into UK law by virtue of the ambulatory reference provision in regulation 6. Amendments to provisions of Chapter II-1 of the Convention referred to in regulations 10 and 11 of the Regulations will be similarly incorporated. The Regulations provide for the granting of exemptions (regulation 7), the approval of equivalents (regulation 8) and the approval of equipment (regulation 9). Part 2 of the Regulations makes provision for surveys of bulk carriers, in respect of which there are particular requirements. The special requirements applicable to bulk carriers are prescribed in Part 3 of the Regulations and relate to damage stability requirements (regulation 12), the structural strength of bulk carriers constructed on or after 1st July 1999 (regulation 13), structural and other requirements for bulk carriers (regulation 14), information on compliance with the requirements for bulk carriers (regulation 15), the solid bulk cargo density declaration (regulation 16), the loading instrument (regulation 17), water level detectors (regulation 18), pumping systems (regulation 19) and restrictions from sailing with any hold empty (regulation 20). The Regulations also provide for contravention of the various requirements in Parts 2 and 3 to be offences and subject to criminal penalties (regulation 21). In cases of non-compliance with the requirements of the Regulations or Chapter XII, a bulk carrier may be detained (regulation 22). Regulation 23 requires the Secretary of State to review the operation and effect of these Regulations and publish a report at the end of the period of five years beginning with the date on which these Regulations come into force 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. 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, Commonwealth and Development Office (FCDO) treaties database (dhttps://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch). The text of the IMO Resolutions amending the Convention and Protocol may be obtained from the IMO or can be found on the FCDO treaties database (https://treaties.fcdo.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, Commonwealth and Development Office (FCDO) treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch). Until such publication is made on the FCDO treaties database, an amendment will be available from the Maritime and Coastguard Agency (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. A full impact assessment has not been produced for this instrument as the Regulations relate to the updating and maintenance of existing regulatory standards and no, or no significant, impact on the private, voluntary or public 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

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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