The Merchant Shipping (Anti-Fouling Systems) Regulations 2024
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Change 1
12 Offences and penalties
(1) Any contravention of— (a) regulation 6(1), (2) or (4) (prohibitions and requirements for ships); (b) regulation 7(3)(a) or (b), or (6) (AFS-Certificates: ships of 400 gross tonnage or above); (c) regulation 8(3) (AFS-Declarations: ships of less than 400 gross tonnage); (d) regulation 10(1) or (2) (availability of certificates and other documents), is an offence by the owner and master in respect of each case of non-compliance. (2) Any contravention of regulation 9(3) (alteration etc. of a certificate) is an offence by the person in question. (3) An offence under paragraph (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. (4) It is a defence for a person charged with an offence under this regulation to prove that the person charged took all reasonable steps to avoid the commission of the offence.
12 Offences and penalties
(1) Any contravention of— (a) regulation 6(1), (2) or (4) (prohibitions and requirements for ships); (b) regulation 7(3)(a) or (b), or (6) (AFS-Certificates: ships of 400 gross tonnage or above); (c) regulation 8(3) (AFS-Declarations: ships of less than 400 gross tonnage); (d) regulation 10(1) or (2) (availability of certificates and other documents), is an offence by the owner and master in respect of each case of non-compliance. (2) Any contravention of regulation 9(3) (alteration etc. of a certificate) is an offence by the person in question. (3) An offence under paragraph (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. (4) It is a defence for a person charged with an offence under this regulation to prove that the person charged took all reasonable steps to avoid the commission of the offence.
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