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Merchant Shipping Act 1983

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Version Superseded: 21/03/1994

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3(1)Regulations may provide for the creation of offences and their punishment on summary conviction in any of the following cases––

(a)where a person with intent to deceive uses, or lends to or allows to be used by another, a certificate of registration which has ceased to have effect;

(b)where a person for purposes of registration makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular;

(c)where a person required by regulations to ensure that any requirement of the regulations as to the marking of a ship is met fails to ensure that that requirement is met;

(d)where a person required by regulations to surrender a certificate of registration fails without reasonable excuse to surrender the certificate.

(2)Regulations providing for the creation of an offence by virtue of subparagraph (1)(c) above shall provide that it shall be a defence for a person charged with the offence to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(3)Regulations providing for the creation of an offence by virtue of subparagraph (1)(a) or (b) above shall provide for it to be punishable—

(a)in England and Wales and Scotland, with a fine not exceeding level 5 on the standard scale (which has the meaning given by section 75 of the M1Criminal Justice Act 1982);

(b)in Northern Ireland, with a fine not exceeding [F1level 5 on the standard scale].

(4)Regulations providing for the creation of an offence by virtue of subparagraph (1)(c) or (d) above shall provide for it to be punishable—

(a)in England and Wales and Scotland, with a fine not exceeding level 3 on the standard scale (which has the meaning given by section 75 of the M2Criminal Justice Act 1982);

(b)in Northern Ireland, with a fine not exceeding [F2level 3 on the standard scale].

Textual Amendments

F1Words substituted (N.I.) by virtue of S.I. 1984/703 (N.I. 3), art. 5

F2>Words substituted (N.I.) by virtue of S.I. 1984/703 (N.I. 3), art. 5

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