Section 17(3).
1(1)In this Schedule “regulations” means regulations made under section 17 of this Act, and “prescribed” means prescribed by regulations.
(2)Nothing in this Schedule shall be taken to prejudice the generality of section 17 of this Act.
2Regulations made by virtue of section 17(1)(e) of this Act may make provision—
(a)for all matters relevant to the maintenance of a register of submersible apparatus,
(b)without prejudice to sub-paragraph (a) above, for the period for which any registration or exemption is to remain effective without renewal, the alteration or cancellation in any prescribed circumstances of registration or exemption or of any conditions attached thereto, the person by whom and manner in which applications in connection with any registration or exemption are to be made, and information and evidence to be furnished in connection with any such application,
(c)for the marking or other means of identification of any submersible apparatus,
(d)for the issue of certificates of registration or exemption, and the custody, surrender, production or display of the certificates or copies of them,
(e)for matters arising out of the termination of any registration or exemption, or any conditions attached thereto.
3(1)Subject to sub-paragraph (2) below, regulations—
(a)may provide for the creation of offences and for their punishment on summary conviction or on conviction on indictment, and
(b)may afford, in respect of any description of offence created by the regulations, such defence (if any) as may be prescribed.
(2)The punishment for an offence created by regulations shall be—
(a)[F1on summary conviction a fine not exceeding £1,000],
(b)on conviction on indictment imprisonment for a term not exceeding 2 years, or a fine, or both,
but without prejudice to any further restriction contained in the regulations on the punishments which can be awarded and without prejudice to the exclusion by the regulations of proceedings on indictment.
Textual Amendments
F1Words substituted by Merchant Shipping Act 1979 (c. 39), Sch. 6 Pt. VI para. 20
Modifications etc. (not altering text)
4(1)The operation of any regulations may be excluded in whole or in part in relation to any class or description of submersible or supporting apparatus by regulations, or in relation to any particular apparatus by the direction of the Secretary of State given in such manner as he thinks appropriate.
(2)Any exemption or exclusion by regulations or by directions of the Secretary of State under this paragraph may be made subject to the imposition of conditions specified by the regulations or directions.
(3)Where, in pursuance of this paragraph, a person is exempted or excluded from the requirements of the provisions of regulations but, subject to a condition, and the condition is not observed, the exemption or exclusion shall not have effect, and accordingly proceedings may be brought in respect of any offence created by the regulations.
5Regulations—
(a)may provide for their operation anywhere outside the United Kingdom and for their application to persons, whether or not British subjects, and to companies, whether or not incorporated under the law of any part of the United Kingdom,
(b)may provide that in any proceedings for an offence under the regulations an averment in any process of the fact that anything was done or situated within waters to which this Act applies shall, until the contrary is proved, be sufficient evidence of that fact as stated in the averment,
(c)may provide that proceedings for any offence under the regulations may be taken, and the offence be treated for all incidental purposes as having been committed, in any place in the United Kingdom,
(d)may provide for any provisions of the Merchant Shipping Acts 1894 to 1970 relating to inquiries and investigations into shipping casualties to apply (with such modifications as may be specified) in relation to casualties involving any submersible apparatus which is not a ship as they apply to ships,
(e)may provide that specified provisions of any enactment (other than this Act) shall, in such circumstances as may be prescribed, not have effect in relation to such class or description of, or to such particular, submersible or supporting apparatus as may be prescribed;
(f)may make different provision for different classes or descriptions of submersible or supporting apparatus and for different circumstances,
(g)may contain such supplemental, and incidental provisions as appear to the Secretary of State to be expedient, including provision for requiring the payment of fees in connection with the making of applications and the granting of licences or issue of certificates, or other matters.