UK Offence Report

Offences: shipper and forwarder

regulation 15(1) of The Merchant Shipping (Carriage of Cargoes) 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 A shipper who fails to provide information in accordance with regulation 11(1) or (3)(a) 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 This is the text as originally made; later amendments are not shown here.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 person
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 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.

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 15(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. On these words an offence is committed where a person fails to provide information in accordance with regulation 11(1) or (3)(a).
  2. Not doing what the provision requires under the Merchant Shipping (Carriage of Cargoes) Regulations 2024, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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
15 May 2024
In force from
11 June 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 outstanding amendments to Chapter VI of the Annex to the International Convention for the Safety of Life at Sea, 1974 (“the Convention”), which relates to carriage of cargoes and oil fuels by ships engaged on international voyages. These Regulations revoke and replace the Merchant Shipping (Carriage of Cargoes) Regulations 1999 (S.I. 1999/336) and, subject to specified exceptions, they apply to all seagoing United Kingdom ships and seagoing non-United Kingdom ships when in United Kingdom waters (regulation 4). These Regulations implement all amendments to Chapter VI as at the date on which this instrument comes into force. Chapter VI also gives effect to the International Maritime Solid Bulk Cargoes (IMSBC) Code and the International Code for the Safe Carriage of Grain in Bulk (“International Grain Code”), and specifically sub-chapter 1.9 of the Code of Safe Practice for Cargo Stowage and Securing. These Regulations also therefore give effect to the mandatory requirements in those instruments. All future amendments to the provisions of Chapter VI and the International Grain Code will be automatically incorporated into these regulations by way of the ambulatory reference provision (regulation 5) made under the power in section 306A of the Merchant Shipping Act 1995. These Regulations provide for the granting of exemptions (regulation 6), the approval of equivalents (regulation 7) and the granting of approvals (regulation 8). Part 2 (regulations 9 to 13) makes provision in respect of the requirements applying in relation to ships carrying cargoes (including specific provision in Merchant Shipping Notice 1917(M) and in regulation 10 relating to owners or masters). Regulations 11 and 12 make specific provision in respect of the duties on shippers, forwarders and terminal representatives. Regulation 13 contains power to issue a document of authorisation under the International Grain Code. Part 3 (regulations 14 to 19) makes provision for control and enforcement. Regulation 14 makes it an offence by the owner and master for a ship to be used in contravention of any of the requirements in, or listed in, these Regulations (including the specific provision in regulation 10 and paragraph 3 of Merchant Shipping Notice 1917(M)). Regulations 15 and 16 make it an offence by shippers and forwarders, and terminal representatives, to contravene the requirements specified in regulations 11 and 12 respectively. Regulation 18 contains power to detain a ship in cases of non-compliance with these Regulations. Regulation 19 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 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. Merchant Shipping Notice 1917(M) is 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 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 Written Ministerial Statement to both Houses of Parliament and by way of a Marine 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 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 →

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 0.92.

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