UK Offence Report

Contravention of The Merchant Shipping (Fire Protection) Regulations 2023

the instrument as a whole of The Merchant Shipping (Fire Protection) 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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
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. Doing what the provision prohibits, or failing to do what it requires under the Merchant Shipping (Fire Protection) Regulations 2023.

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
24 May 2023
In force from
15 June 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 amendments to Chapter II-2 of the International Convention for the Safety of Life at Sea, 1974 (“the Convention”) relating to fire protection, fire detection and fire extinction, and also make provision in respect of ships to which the Convention does not apply. The Regulations revoke and replace the Merchant Shipping (Fire Protection: Large Ships) Regulations 1998 (S.I. 1998/1012), the Merchant Shipping (Fire Protection) Regulations 2003 (S.I. 2003/2950) and the provisions that amend both sets of Regulations. The Regulations contain requirements relating to a ship’s structural fire protection and apply to ships that may be on international or non-international voyages. They deal separately with ships constructed before 1st July 2002 (Part 2), ships constructed between 1st July 2002 and before 1st July 2012 engaged on international voyages (Part 3), ships constructed on or after 1st July 2002 and engaged on non-international voyages (Part 4), ships constructed on or after 1st July 2012 engaged on international voyages (Part 5) and ships of Classes XI and XII (Part 6). The 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. They apply to passenger ships of Classes I, II and II(A), and to non-passenger ships of Classes VII, VII(A), VII(T), VIII, VIII(A), VIII(T), VIII(A)(T), IX, IX(A), IX(A)(T), XI and XII. These classes of ship are defined in Schedule 2. The Regulations implement all amendments to Chapter II-2 as at the date on which this instrument comes into force. All future amendments to the provisions listed in regulation 1.2 of Part A (applicable requirements to existing ships) and regulation 1.6 of Part A (application of requirements to tankers), and Parts B, C, D, E and G, of Chapter II-2 (fire protection requirements), will be automatically incorporated into the Regulations by way of the ambulatory reference provision in regulation 6. The Regulations provide for repairs, alterations, modifications and outfitting (regulation 7), the approval of equipment and arrangements for fire protection, fire detection and fire extinction (regulation 8), equivalents (regulation 9) and the granting of exemptions (regulation 10). The Secretary of State may also approve alternative design and arrangements for ships (regulation 11). The detail of the requirements for ships constructed before 1st July 2002 (whether engaged on international or non-international voyages) is contained in Merchant Shipping Notice 1900 (M), which is given statutory force by these Regulations (regulation 13). Particular standards referred to in Merchant Shipping Notice 1900 (M) are contained in Merchant Shipping Notices 1665 (M), 1666 (M), 1667 (M), 1668 (M) and 1669 (M), which are also given statutory force by these Regulations (regulation 13). Some of the provisions listed in regulation 1.2, and some of the provisions contained in regulation 1.6 of Part A and in Parts B, C, D, E and G of Chapter II-2, also apply to ships constructed before 1st July 2002; these requirements are implemented by regulation 13. The detail of the requirements for ships constructed on or after 1st July 2002 and before 1st July 2012 and engaged on international voyages are contained in Merchant Shipping Notice 1901 (M) (regulation 15). Some of the provisions listed in regulation 1.2, and some of the provisions contained in regulation 1.6 of Part A and in Parts B, C, D, E and G of Chapter II-2, also apply to ships constructed on or after 1st July 2002 and before 1st July 2012; these requirements are implemented by regulation 15. The detail of the requirements for ships constructed on or after 1st July 2002 engaged on non-international voyages is contained in Merchant Shipping Notice 1902 (regulation 17). The detail of the requirements for passenger ships and cargo ships constructed on or after 1st July 2012, which are engaged on international voyages, is contained in regulation 1.6 of Part A and Parts B, C, D, E and G of Chapter II-2 (fire protection requirements) by direct reference to the convention requirements (regulation 19). Separate provision is also made in regulation 21 for ships of Class XI (sailing ships (other than fishing vessels and ships of Class XII) which proceed to sea) and Class XII (pleasure vessels of 13.7 metres in length or over but excluding pleasure vessels to which the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 (S.I. 1998/1011) apply); the detail of the requirements applicable to them is contained in Merchant Shipping Notice 1900 (M). The Regulations also provide that where any ship is used in contravention of the requirements of these Regulations, this is an offence by the owner and master of the ship (regulation 22), except in the case of a specified contravention relating to the operation of the inert gas system (regulation 22(3)), which is an offence by the master alone. Regulation 23 provides for the detention of ships that do not comply with the Regulations. Regulation 24 requires the Secretary of State to review the operation and effect of the Regulations and publish a report before the end of the period of five years beginning with the date on which the 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. Guidance on Merchant Shipping Notice 1900 (M) is contained in Marine Guidance Note 666 (M) and guidance on Merchant Shipping Notice 1901 (M) and Merchant Shipping Notice 1902 is contained in Marine Guidance Note 667 (M). Merchant Shipping Notices 1900 (M), 1901 (M) and 1902 (M) also contain guidance on the content of each Merchant Shipping Notice and its relationship with the Regulations. All 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, Commonwealth and Development Office (FCDO) 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 on the FCDO 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 FCDO treaties database (https://treaties.fco.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. 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.

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 0.70.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.70 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