- Latest available (Revised)
- Original (As made)
The Merchant Shipping (Port State Control) Regulations 2011
You are here:
What Version
Opening Options
More Resources
Status:
This is the original version (as it was originally made).
Offences
This section has no associated Explanatory Memorandum
23.—(1) Subject to regulation 18, if there is any contravention of a direction made pursuant to regulation 9(3) in respect of a ship, the owner and master are each guilty of an offence, and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to imprisonment not exceeding two years, or a fine, or both.
(2) Where a ship—
(a)enters a port or anchorage in breach of regulation 10 or 17;
(b)is permitted to leave a port pursuant to regulation 18(1) but fails to proceed to the repair yard specified; or
(c)is a ship to which regulation 9(7) applies and which, as applicable—
(i)fails to proceed to the repair yard specified; or
(ii)fails to comply with the requirement that the deficiency be rectified within 30 days;
the owner and master are each guilty of an offence, and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to imprisonment not exceeding two years, or a fine, or both.
(3) Where a ship—
(a)fails to give notification in breach of regulation 6(2);
(b)leaves a port or anchorage in breach of regulation 6(5);
the owner and master are each guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) A person who obstructs an inspector or any person assisting the inspector is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(5) A pilot who contravenes regulation 19(3) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) A port authority which contravenes regulation 19(4) or 20 is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) It is a defence—
(a)for a person charged under this regulation to prove that they took all reasonable steps to avoid committing the offence; and
(b)for a port authority charged under paragraph (6) with contravention of regulation 20 to prove that it had been informed by the Secretary of State that the Secretary of State was not ready to receive the information to which regulation 20 applies.
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThe Whole Chapter
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Impact Assessments
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
- Why the government is proposing to intervene;
- The main options the government is considering, and which one is preferred;
- How and to what extent new policies may impact on them; and,
- The estimated costs and benefits of proposed measures.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.