4.—(1) The Merchant Shipping (Work in Fishing Convention) (Survey and Certification) Regulations 2018(1) are amended as follows.
(2) In regulation 2(1) (interpretation), after the definition of “Convention State”, insert—
““exempt fishing vessel” means a fishing vessel to which regulation 5 does not apply (see regulation 3(3) (application));”.
(3) In regulation 4 (survey of fishing vessels)—
(a)after paragraph (1), insert—
“(1A) Paragraph (1) does not apply to an exempt fishing vessel.”;
(b)in paragraph (2)—
(i)after “renewal survey” insert “under paragraph (1)(b)”; and
(ii)for “initial”, in both places it appears, substitute “previous”; and
(c)in paragraph (3)—
(i)for “A fishing vessel which does not fall within paragraph (2)” substitute “An exempt fishing vessel”; and
(ii)after “survey” insert “, other than a survey described in paragraph (1),”.
(4) In regulation 9 (offences and penalties)—
(a)in paragraph (1), after “vessel” insert “, which is not an exempt fishing vessel,”;
(b)after paragraph (3) insert—
“(3A) If a United Kingdom fishing vessel which is an exempt fishing vessel is not made available for a survey in accordance with Merchant Shipping Notice 1885 (F), the fishing vessel owner and the skipper of the fishing vessel are guilty of an offence and are liable—
(a)on summary conviction—
(i)in England and Wales, to a fine;
(ii)in Scotland and Northern Ireland, to a fine not exceeding level 5 on the standard scale; or
(b)on conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both.”.