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The Merchant Shipping (Polar Code) (Safety) Regulations 2025

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Change 1

What to do with it
As published

13 Offences and penalties

(1) Any contravention of— (a) regulation 8(8) (recording of alternative design and arrangements); (b) regulation 10(2)(a)(i) (performance standards); (c) regulation 10(2)(a)(ii) (operational assessment); (d) regulation 10(2)(b) to (j) (requirement to comply with chapters 2 to 9 and 10 of part 1-A of the Polar Code: safety measures); (e) regulation 11(3)(a) (safety of navigation under chapter 9-1 of part 1-A of the Polar Code); (f) regulation 11(4)(a) (requirement to comply so far as is reasonably practicable with performance standards); or (g) regulation 11(4)(b) (requirement to comply so far as is reasonably practicable with operational assessment), is an offence by the owner and master of the ship in respect of each case of non-compliance. (2) Any contravention of— (a) regulation 10(2)(k) (voyage planning under chapter 11 of part 1-A of the Polar Code); or (b) regulation 11(3)(b) (voyage planning under chapter 11-1 of part 1-A of the Polar Code), is an offence by the master in respect of each case of non-compliance. (3) Any contravention of— (a) regulation 12(2)(a) (requirement to operate a ship in compliance with the Polar Water Operational Manual); or (b) regulation 12(2)(b) (requirement to ensure familiarity with the Polar Water Operational Manual), is an offence by the Company and master in respect of each case of non-compliance. (4) An offence under paragraph (1), (2) or (3) 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 imprisonment for a term not exceeding two years, or a fine, or both. (5) 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.

Your change, as a redline

13 Offences and penalties

(1) Any contravention of— (a) regulation 8(8) (recording of alternative design and arrangements); (b) regulation 10(2)(a)(i) (performance standards); (c) regulation 10(2)(a)(ii) (operational assessment); (d) regulation 10(2)(b) to (j) (requirement to comply with chapters 2 to 9 and 10 of part 1-A of the Polar Code: safety measures); (e) regulation 11(3)(a) (safety of navigation under chapter 9-1 of part 1-A of the Polar Code); (f) regulation 11(4)(a) (requirement to comply so far as is reasonably practicable with performance standards); or (g) regulation 11(4)(b) (requirement to comply so far as is reasonably practicable with operational assessment), is an offence by the owner and master of the ship in respect of each case of non-compliance. (2) Any contravention of— (a) regulation 10(2)(k) (voyage planning under chapter 11 of part 1-A of the Polar Code); or (b) regulation 11(3)(b) (voyage planning under chapter 11-1 of part 1-A of the Polar Code), is an offence by the master in respect of each case of non-compliance. (3) Any contravention of— (a) regulation 12(2)(a) (requirement to operate a ship in compliance with the Polar Water Operational Manual); or (b) regulation 12(2)(b) (requirement to ensure familiarity with the Polar Water Operational Manual), is an offence by the Company and master in respect of each case of non-compliance. (4) An offence under paragraph (1), (2) or (3) 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 imprisonment for a term not exceeding two years, or a fine, or both. (5) 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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