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Merchant Shipping Act 1995
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- 1995 c. 21
- Part IV
- Power to require ships to be moved
- Section 100G
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- Act power to modify or apply conferred by 2006 c. 8 s. 1(5)
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- Pt. 9A inserted by 2011 c. 8 s. 1(2)
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- s. 153A inserted by S.I. 2006/1244 reg. 5
- s. 156A inserted by S.I. 2006/1244 reg. 9
- s. 163A inserted by S.I. 2006/1244 reg. 17
- s. 163A(8) words substituted by S.I. 2009/1941 Sch. 1 para. 152(3)
- s. 176A 176B inserted by S.I. 2006/1265 art. 6
- Sch. 3A inserted by 2003 c. 16 Sch. 1
- Sch. 3A para. 1(2)(da) inserted by S.I. 2004/2110 reg. 22(1)
- Sch. 3A para. 11 substituted by S.I. 2009/1941 Sch. 1 para. 152(5)
- Sch. 5ZA inserted by S.I. 2006/1265 art. 12 Sch.
- Sch. 11ZA inserted by 2011 c. 8 s. 1(4) Sch.
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- S.I. 2003/3142 art. 2-4 commences (2002 c. 11 and 2003 c. 21)
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- S.I. 2005/1126 art. 2 commences (2005 c. 11)
- S.I. 2006/1014 art. 2 Sch. 1 2 commences (2005 c. 4)
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- S.I. 2007/499 art. 2 commences (2006 c. 45)
- S.I. 2007/1030 art. 2 commences (2006 c. 45)
- S.I. 2007/1375 art. 2 commences (2006 c. 28)
- S.I. 2008/1653 art. 2 commences (2007 c. 15)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/3345 art. 2 commences (2009 c. 23)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
- S.S.I. 2005/392 art. 2 commences (2005 asp 5)
- S.S.I. 2011/268 art. 6 commences (2011 asp 7)
- S.R. 2006/257 art. 2 commences (S.I. 2006/1254 (N.I.))
F1100G Failure to comply with prescribed standards in respect of ship in respect of which trans-shipment licence is in force.E+W+S+N.I.
(1)If it appears to the Secretary of State that any requirement of regulations under section 100F(2) or regulations under section 192A is being contravened in respect of a ship in respect of which a trans-shipment licence is in force, he may serve on the master a notice under subsection (2) below.
(2)A notice under this subsection must specify the contravention by reason of which it is given and must—
(a)prohibit the receiving by the ship of fish trans-shipped from another ship,
(b)prohibit the processing of fish on the ship, or
(c)prohibit both such receiving and such processing.
(3)The Secretary of State shall revoke a notice under subsection (2) above if he is satisfied that the contravention specified in it has been remedied.
(4)If a trans-shipment licence ceases to be in force in respect of a ship to which a notice under subsection (2) above relates, the notice is revoked by virtue of this subsection.
(5)If without reasonable excuse the master of a ship causes or permits any prohibition imposed by a notice under subsection (2) above to be contravened in respect of the ship, he shall be liable—
(a)on summary conviction, to a fine not exceeding £50,000;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
(6)The obligation imposed by regulations under section 100F(2) shall not be enforceable except in accordance with this section, but this subsection does not limit the powers conferred by section 258.
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Amendments (Textual)
F1Ss. 100F-100G inserted (19.3.1997) by 1997 c. 28, ss. 11, 31(4)
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