UK Offence Report

Offences and penalties

regulation 12(2) of The Merchant Shipping (Anti-Fouling Systems) 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

2 Any contravention of regulation 9(3) (alteration etc. of

a certificate) is an offence by the person in question.

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
Fault element
Mixed — some elements strict, some not
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies (intentionally, knowingly, recklessly, with intent to) - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: the offence itself carries no fault word, but a duty it criminalises by cross-reference uses knowingly, intentionally, recklessly, with intent to; which element that governs was not determined.

What would breach regulation 12(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. Doing the thing the provision prohibits under the Merchant Shipping (Anti-Fouling Systems) 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

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
17 April 2024
In force from
10 May 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 the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001 (“the Convention”), including amendments to the Convention made by International Maritime Organization (IMO) Resolution MEPC.331(76). These Regulations revoke and replace Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14th April 2003 on the prohibition of organotin compounds on ships (formerly part of Retained EU Law) and the Merchant Shipping (Anti-Fouling Systems) Regulations 2009 (S.I. 2009/2796). These instruments implemented the previous version of the Convention. Anti-fouling systems comprise the coating put on the outside of hulls of ships to prevent the attachment of unwanted organisms. The Convention, adopted on 18th October 2001, came into force on 17th September 2008 and contains provision to ensure that anti-fouling systems do not contain substances which are harmful to marine life and the marine environment. MEPC.331(76), adopted on 17th June 2021, came into force on 1st January 2023. It amends the Convention to introduce a new prohibition on the use of anti-fouling systems containing cybutryne on ships. All future amendments to the provisions of the Convention will be automatically given effect in United Kingdom law by way of the ambulatory reference provision (regulation 5) made under the power in section 306A of the Merchant Shipping Act 1995. Part 2 (regulation 6) implements the prohibitions and requirements in relation to the use of organotin compounds acting as biocides, and cybutryne, in anti-fouling systems. These provisions prohibit the application of these substances or, in cases where they have already been applied, require their removal or overlay by a non-prohibited substance by not later than 31st December 2027. Part 3 (regulations 7 to 11) provides for the survey and certification of ships in relation to compliance with the requirements of Part 2. These provisions apply only to ships engaged on international voyages. Part 4 (regulations 12 and 13) contains provision for the control and enforcement of the prohibitions and requirements in these Regulations. Regulation 12 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 certain requirements in regulations 6 (prohibitions etc.), 7 (AFS-Certificates etc.), 8 (AFS-Declarations etc.) and 10 (availability of certificates etc.). This regulation also makes it an offence by a person to breach the requirements in regulation 9(3) (false certification etc.). Regulation 13 contains power to detain a ship in cases of non-compliance with these Regulations. Part 5 (regulation 14) 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 Schedule to these Regulations makes consequential amendments to the Merchant Shipping (Fees) Regulations 2018 (S.I. 2018/1104) to enable fees to be charged in relation to the carrying out of surveys and certain other steps required under these Regulations. It also revokes (amongst other things) Regulation (EC) 782/2003 of the European Parliament and of the Council of 14th April 2003 on the prohibition of organotin compounds on ships and the Merchant Shipping (Anti-Fouling Systems) Regulations 2009, which are superseded by these Regulations. Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14th April 2003, which is referred to in these Regulations, is the assimilated version of Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships (OJ L 115, 9.5.2003, p. 1–11). This was amended by Commission Regulation (EC) No 536/2008 of 13 June 2008 giving effect to Article 6(3) and Article 7 of Regulation (EC) No 782/2003 and amending that Regulation (OJ L 156, 14.6.2008, p. 10–11) and Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11 March 2009 adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny (OJ L 87, 31.3.2009, p. 109–154). Merchant Shipping Notice M. 1613, which is referred to in these Regulations, is available on https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/282032/msn1613.pdf, or 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) or on https://www.gov.uk/government/organisations/maritime-and-coastguard-agency. The Convention and IMO Resolution MEPC.331(76) may be obtained in copy from the International Maritime Organization (IMO), 4 Albert Embankment, London SE1 7SR and the Convention is available on the Foreign, Commonwealth and Development Office (FCDO) treaties database (https://treaties.fcdo.gov.uk/responsive/app/consolidatedSearch/). Future amendments to the Convention 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/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 →

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 0.62.

Basis
the provision says an offence is committed “if” something happens
Confidence
0.62 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