UK Offence Report

Offences and penalties

regulation 10(1) of The Merchant Shipping (Special Measures to Enhance Maritime Safety) Regulations 2024

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 regulation 7(1) or (4) (ship identification number) or regulation 9(1), (2), (3), (5), (7), (10)(a) or (11) (continuous synopsis record) is an offence by—

a the Company;

b the owner; and

c the master, in 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 This is the text as originally made; later amendments are not shown here.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 company
Conduct
contravening a requirement of the instrument
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 company 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 10(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. Doing the thing the provision prohibits under the Merchant Shipping (Special Measures to Enhance Maritime Safety) Regulations 2024, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

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
11 March 2024
In force from
2 April 2024
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 provisions of Chapter XI-1 (special measures to enhance maritime safety) in the Annex to the International Convention on the Safety of Life at Sea, 1974 (“the Convention”) which are not already implemented in other United Kingdom legislation. The Regulations apply, with certain limited exceptions, to United Kingdom ships engaged on international voyages and to non-United Kingdom ships in United Kingdom waters (regulation 4). Apart from the requirement in regulation 9 for a Continuous Synopsis Record, the Regulations apply to United Kingdom Class A passenger ships, United Kingdom Class B passenger ships certified to carry more than 250 passengers and to United Kingdom tankers engaged on non-international voyages. The Regulations contain a requirement for passenger ships of 100 gross tonnage or more and cargo ships of 300 gross tonnage or more to have a ship identification number (regulation 7). They also require operators of ships, other than cargo ships under 500 gross tonnage, to have a Company and registered owner identification number (regulation 8). Ships engaged on international voyages, other than cargo ships under 500 gross tonnage, must also hold a continuous synopsis record (regulation 9). The requirement in regulation 2 of Chapter XI-1 that a survey of an oil tanker must be carried out in accordance with the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011 (“the ESP Code”) is implemented by way of amendments to regulation 9 of the Merchant Shipping (Survey and Certification) Regulations 2015 (“the 2015 Regulations”) which are contained in the Schedule. Future amendments to the provisions of Chapter XI-1 of the Convention which are referenced in these Regulations, and in regulation 9 of the 2015 Regulations, will be automatically incorporated in United Kingdom law when they come into force internationally by way of the ambulatory reference provisions in regulation 5 of these Regulations and regulation 9 of the 2015 Regulations. The Regulations provide for the granting of exemptions (regulation 6). The Regulations also provide for contravention of the various requirements in regulations 7 to 9 to be offences and subject to criminal penalties (regulation 10). In cases of non-compliance with the requirement of the Regulations, a ship may be detained (regulation 11). Failure to meet the requirement for oil tankers to be surveyed in accordance with the ESP Code is subject to a criminal penalty under the 2015 Regulations. Regulation 12 requires the Secretary of State to review the operation and effect of these 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. Marine Guidance Note 660 (M) provides further information on the Regulations and MSF 5623A provides guidance on the specific requirement for a continuous synopsis record. These guidance documents are available on www.gov.uk/topic/ships-cargoes/m-notices and in hard copy 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). The Convention and its Protocol of 1988 may be obtained in hard 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 in hard copy from the IMO or are available at the IMO Index of Resolutions (https://www.imo.org/en/KnowledgeCentre/IndexofIMOResolutions/Pages/MEPC.aspx), 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 from the IMO in hard copy or at the Index of Resolutions and, after coming into force in the United Kingdom, found on the 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 in hard copy 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 hard 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 standards and no, or no significant, impact on the private, public 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 →

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 0.88.

Basis
the provision says the conduct “is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.88 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