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Merchant Shipping Act 1988

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This is the original version (as it was originally enacted).

5(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, whether in force or not;

(b)where a person required by regulations to ensure that any requirement of the regulations as to the marking of a fishing vessel is satisfied fails to ensure that that requirement is satisfied;

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

(2)Any such regulations shall—

(a)in the case of an offence created by virtue of sub-paragraph (1)(a), provide for the offence to be punishable with a fine not exceeding the fifth level on the standard scale; and

(b)in the case of an offence created by virtue of sub-paragraph (1)(b) or (c), provide for it to be punishable with a fine not exceeding the third level on the standard scale.

(3)Regulations providing for the creation of an offence by virtue of sub-paragraph (1)(b) 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.

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