UK Offence Report

2 Any contravention of regulation 18 (prohibited acts in relation to certificates) is an offence by the…

regulation 23(2) of The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025

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 18 (prohibited acts in relation to certificates) 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 This is the text as originally made; later amendments are not shown here.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 23(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 (Vessels in Commercial Use for Sport or Pleasure) Regulations 2025, 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
17 November 2025
In force from
12 December 2025
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 revoke and replace the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998 (S.I. 1998/2771) to consolidate and update the requirements for vessels in commercial use for sport or pleasure. These Regulations apply, with certain limited exceptions, to United Kingdom vessels and to non-United Kingdom vessels when operating from United Kingdom ports in United Kingdom waters (regulation 4). These Regulations also make consequential amendments (Schedule 1) and revocations (Schedule 2) arising from the revocation of the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998. These Regulations make specific provision for large vessels (24 metres or more in length) and small vessels (less than 24 metres in length). Large vessels are made subject to requirements in Part A of the Red Ensign Group Yacht Code (“REG Code”), and small vessels made subject to requirements in the Sport or Pleasure Vessel Code (“SCV Code”). These Regulations give effect to the mandatory requirements in those Codes. These Regulations provide for the granting of exemptions (regulation 5), the approval of equivalents (regulation 6) and the granting of approvals (regulation 7). Part 2 (regulations 8 to 11) and Part 3 (regulations 12 and 13) make separate provision for the survey and certification of large and small vessels respectively. Part 4 (regulations 14 to 18) makes provision for the duration, extension, validity and cancellation of certificates in respect of large and small vessels. Part 5 (regulations 19 to 22) sets out the requirements governing large and small vessels. Regulation 19 gives effect to the REG Code and disapplies in respect of large vessels the requirements in the instruments specified in Schedule 3. Regulation 20 gives effect to the SCV Code and disapplies in respect of small vessels the requirements in the instruments specified in Schedule 4. Part 6 (regulations 23 and 24) makes provision for enforcement. Regulation 23 makes it an offence by the owner and master of a vessel to proceed to sea in contravention of any of the requirements in or under these Regulations (including the requirements in the REG and SCV Codes). Regulation 23 also makes it an offence by a person to contravene any of the prohibited acts specified in regulation 18. Regulation 24 contains power to detain vessels for breaches of requirements in or under these Regulations. The REG and SCV Codes 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 respectively on https://www.redensigngroup.org/media/yzlbtkyi/reg-yc-july-2024-edition-part-a.pdf and https://www.gov.uk/government/collections/small-craft-codes-of-practice. 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 and a de minimis assessment have been prepared and are 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 →

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