44.—(1) Any contravention of—
(a)regulation 5(1) (requirement to conduct ballast water management) or 39(4) (prohibition on discharge following sampling) is an offence by the owner, manager, demise charterer and master of the ship;
(b)regulation 9(1), (4) or (5) (ballast water management plan), 10(1)(a), (2) to (4), (6) or (8) (ballast water record book), 16(2) (approval of ballast water management systems) or 29(2) (extension of periods of validity of IBWM Certificates by a Certifying Authority), is an offence by the owner, manager, demise charterer and master of the ship;
(c)regulation 9(3) (ballast water management plan) or 10(5) (ballast water record book) is an offence by the master of the ship;
(d)regulation 10(4) (ballast water record book) is an offence by the officer in charge of the relevant operation;
(e)regulation 10(10) (ballast water record book), 16(1) (approval of ballast water management systems) or 35(5) (procedure to be adopted when a ship is deficient) is an offence by the owner of the ship;
(f)regulation 14(2) (requirement to provide sediment reception facilities) is an offence by the owner and operator of the shipyard in question;
(g)regulation 20(4) (ballast water management systems which use active substances), 23 (prohibition on United Kingdom ships proceeding to sea without an IBWM Certificate), 24 (prohibition on non-United Kingdom ships proceeding to sea without an IBWM Certificate or appropriate documentation), 31(1) or (2) (responsibilities of the owner and the master), 32(2) (additional surveys of United Kingdom ships) or 37(5) (miscellaneous provisions relating to IBWM Certificates) is an offence by the owner and the master of the ship;
(h)regulation 31(3) (responsibilities of the owner and the master) is an offence by the owner, demise charterer and the master of the ship; or
(i)regulation 37(4) (miscellaneous provisions relating to IBWM Certificates) is an offence by the person in question.
(2) Any failure by a master to comply with a requirement under regulation 38(6)(b) (inspection of ships) is an offence.
(3) An offence under paragraphs (1) or (2) is punishable—
(a)on summary conviction—
(i)in England and Wales, by a fine; or
(ii)in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or
(b)on conviction on indictment by a fine.