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The Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998

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Penalties

73.—(1) If a ship proceeds or attempts to proceed on any voyage without complying with the requirements of these Regulations other than the requirement of regulations 18(2) and (3), 20 and 25, the owner and master of the ship shall each be guilty of an offence for each case of non-compliance and liable on summary conviction to a fine not exceeding the statutory minimum or, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

(2) Any contravention of regulation 20 or 34(2) shall be an offence on the part of the owner and any contravention of regulation 34(3), (4), (5) or (6)(b) shall be an offence on the part of the master. Any such offence shall be punishable on summary conviction by a fine not exceeding the statutory maximum or, on conviction on indictment by imprisonment for a term not exceeding two years, or a fine, or both.

(3) Any contravention of regulation 34(4)(a) by an officer appointed in accordance with that regulation shall be an offence punishable on summary conviction by a fine not exceeding level three on the standard scale or on conviction on indictment by a fine.

(4) Any person who fails to carry out an inspection which he has been appointed by the master to carry out under regulation 18(2) or (3) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(5) It shall be a defence to a charge under these Regulations to prove that the person charged took all reasonable steps to avoid commission of the offence.

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