UK Offence Report

Contravention of The Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments)…

the instrument as a whole of The Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023

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

Contravening this instrument is an offence under section 85(5)-(7) of the Merchant Shipping Act 1995. The instrument itself contains no offence-creating words.

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 This is the text as originally made; later amendments are not shown here.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
dealing with funds or making them available in breach of sanctions
Fault element
Strict liability
Burden of proof
Not determined

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.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

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. Moving, converting or paying away funds that belong to a designated person under the Merchant Shipping (Cargo and Passenger Ship Construction and Miscellaneous Amendments) Regulations 2023, without a licence from the Treasury.
  2. Making funds or economic resources available to a designated person - which includes paying a third party who will pass on the benefit.
  3. Dealing with an asset in ignorance of the designation is still caught where the provision imposes no knowledge requirement; check the fault element stated below before assuming otherwise.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 85(5)-(7) of the Merchant Shipping Act 1995.

the penalty is in the parent Act, not in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

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
6 March 2023
In force from
29 March 2023
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 II-1 of the Annex to the International Convention for the Safety of Life at Sea, 1974 (“the Convention”), which relates to construction (structure, subdivision and stability, machinery and electrical installations) in respect of ships engaged on international voyages. These Regulations amend the Merchant Shipping (Cargo Ship Construction) Regulations 1997 (S.I. 1997/1509) and the Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998 (S.I. 1998/2514) (“the 1998 Regulations”). The effect of these amendments is that, subject to certain exceptions, those instruments cease to apply to ships engaged on international voyages which are subject to Convention requirements; such ships must now only comply with the requirements in these Regulations. The exceptions comprise a number of provisions in the 1998 Regulations in respect of recording matters relating to the closure of openings in the hull, bulkheads and enclosed superstructures of passenger ships. These Regulations also amend the Merchant Shipping (Radio Installations) Regulations 1998 (S.I. 1998/2070), the Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021 (S.I. 2021/592) and the Merchant Shipping (Radiocommunications) (Amendment) Regulations 2021 (S.I. 2021/1316) and the Merchant Shipping (Nuclear Ships) Regulations 2022 (S.I. 2022/1169) to correct defects in those instruments. The effect of these Regulations is to prescribe Convention requirements relating to a ship’s construction (specifically its structure, subdivision and stability, machinery and electrical installations). 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 II-1 as at the date on which this instrument comes into force. Chapter II-1 also gives effect to the International Code on Intact Stability, 2008, the International Goal-based Ship Construction Standards for Bulk Carriers and Oil Tankers, the Code on Noise Levels on Board Ships and the International Code of Safety for Ships using Gases or other Low-Flashpoint Fuels, and these Regulations also therefore give effect to the mandatory requirements in those instruments. All future amendments to the provisions of Chapter II-1, and the instruments referred to in them, will be automatically incorporated into these regulations by way of the ambulatory reference provision (regulation 6) made under the power in section 306A of the Merchant Shipping Act 1995. Regulation 5 makes provision for the requirements which apply to ships which undergo repairs, alterations or modifications. These Regulations provide for the granting of exemptions (regulation 7), the approval of equivalents (regulation 8) and the granting of approvals (regulation 9). Regulation 10 makes provision for the approval of alternative design and arrangements of ships built on or after 1st January 2009. Part 3 (regulations 11 and 12) makes provision for the requirements applying to ships constructed before 1st January 2009. Regulation 12 gives effect to Merchant Shipping Notice 1907(M) which sets out those requirements. Part 4 (regulations 13 and 14) and Part 5 (regulations 15 and 16) make provision for intermediate and new ships respectively. Regulation 13 applies Part 4 to intermediate ships, defined in regulation 2 as ships which are not new ships but which were constructed on or after 1st January 2009. Regulation 14 requires intermediate ships to comply with the requirements in Chapter II-I of the Convention which apply to them. Regulation 15 applies Part 5 to new ships, defined in regulation 2 as ships which include ships in respect of which a building contract is placed on or after 1st January 2020 (the definition includes alternative criteria). Regulation 16 requires new ships to comply with the requirements in Chapter II-I of the Convention which apply to them. Regulation 17 makes provision for a number of offences, specifically making 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 18 contains power to detain a ship in cases of non-compliance with these Regulations. Regulations 19 to 22 (Part 7) amend four instruments to correct errors in them identified by the Joint Committee on Statutory Instruments. Regulations 19 and 20 amend regulation 7 of the Merchant Shipping (Radio Installations) Regulations 1998 and paragraph 5 of Schedule 2 to the Merchant Shipping (Radiocommunications) (Amendment) Regulations 2021 to correct errors in those provisions relating to the definitions of a specific term. Regulation 21 amends regulation 4 of the Merchant Shipping (Cargo Ship) (Bilge Alarm) Regulations 2021 to correct an error in the provision establishing the date from which new ships (as defined in regulation 4 of those Regulations) must comply with those Regulations. Regulation 22 amends regulations 6, 20 and 31 of the Merchant Shipping (Nuclear Ships) Regulations 2022 to correct errors relating to approvals and offences and penalties, and paragraph 13 of the Schedule also makes a related consequential amendment to the Merchant Shipping (Fees) Regulations 2018 (S.I. 2018/1104). Regulation 23 requires the Secretary of State to review the operation and effect of these Regulations (with the exception of Part 7) and publish a report before the end of the period of five years from these Regulations coming 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. Marine Guidance Notes (MGN) 670(M) and 671(M) also provide guidance on how the Secretary of State will exercise discretion where Chapter II-1 permits this. These 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/collections/marine-guidance-notices-mgns. Merchant Shipping Notices 1698(M) Amendment 1 and 1907(M) 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/collections/merchant-shipping-notices-msns. 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 (https://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 found in a Marine Information Note, or 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 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/collections/marine-guidance-notices-mgns. A full impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector is available from the MCA of Spring Place, 105 Commercial Road, Southampton SO15 1EG and is published with the Explanatory Memorandum 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 →

What Parliament said

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

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 0.85.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.85 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