Prohibition on levy
22
No charge in respect of anything done or provided in pursuance of any specific requirement of these Regulations shall be levied or permitted to be levied on any worker.
The Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 Part VI — Prohibitions, penalties, inspections and detentions
Duty not to interfere with or misuse certain things
23
No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health and safety aboard a United Kingdom ship in pursuance of these Regulations or the Act or any regulation or rule made thereunder.
Penalties
24
(1) Any contravention of regulation 5 or 13A of these Regulations shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum or, on conviction on indictment, by imprisonment for a term not exceeding two years or a fine, or both. (2) Any contravention of regulation 14 shall be guilty of an offence punishable on summary conviction of a fine not exceeding level 5 on the standard scale. (3) Any contravention of regulation 6, 7, 16, 17, 20 or 21 of these Regulations shall be an offence punishable on summary conviction by a fine not exceeding level 4 on the standard scale. (4) Any contravention of regulation 8, 9, 11, 11A, 12, 12A, 13, 22 or 23 of these Regulations shall be an offence punishable on summary conviction by a fine not exceeding level 3 on the standard scale. (5) (a) Any Company which— (i) fails to appoint a safety officer in accordance with regulation 15, or (ii) fails to carry out any of the duties specified in regulation 19, shall be guilty of an offence punishable on summary conviction of a fine not exceeding level 5 on the standard scale. (b) Any master who fails to carry out any of the duties specified in regulation 19 shall be guilty of an offence punishable on summary conviction by a fine not exceeding level 3 on the standard scale. (6) It is a defence for a person charged with contravention of regulation 12A to show that all reasonable precautions were taken and all due diligence exercised to avoid commission of the offence.
Offences by body corporate
25
(1) Where a body corporate is guilty of an offence under any of these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, the preceding paragraph shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. (3) Where an offence under any of these Regulations committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of an offence and liable to be proceeded against and punished accordingly.
Onus of proving what is reasonably practicable
26
In any proceedings for an offence under any of these Regulations consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it shall be for the defendant to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirement.
Inspection and detention of a United Kingdom fishing vessel
27
A relevant inspector may inspect any fishing vessel which is a United Kingdom ship and if he is satisfied that there has been a failure to comply in relation to that ship with the requirements of these Regulations may detain the ship until the health and safety of all workers and other persons aboard ship is secured, but shall not in the exercise of these powers detain or delay the ship unreasonably.
Inspection of United Kingdom ships and non-United Kingdom ships without MLC documentation
27A
(1) For the purpose of checking compliance with these Regulations, a relevant inspector (or, in the case of a United Kingdom ship, a proper officer as defined in section 313(1) of the Act (definitions)) may at all reasonable times go on board a ship and inspect the ship, its equipment, any articles on it and any document carried on it. (2) Section 258(1A), (3) and (5) of the Act (powers to inspect ships and their equipment, etc.) applies in relation to paragraph (1) as if references in those subsections to “subsection (1) above” and “this section” were references to paragraph (1). (3) Sections 259(1), (2), (5), (7) and (9) to (12) and 260(1) and (2) of the Act (powers of inspectors in relation to premises and ships, and supplementary provisions) apply in relation to the inspection of a ship to which this regulation applies for the purpose of checking compliance with these Regulations as if— (a) references in those sections to “this Act” were to these Regulations; (b) for section 259(1)(b) there were substituted a reference to any ship to which this regulation applies; (c) in section 259(2)(h)(iii) the words “or any instrument made under it” were omitted; and (d) in section 259(5) the reference to “subsections (2) and (4) above for the purposes of Chapter II of Part VI” were to “subsection (2) above”, and the reference to “those subsections” were to “that subsection”. (4) Any Regulations made under section 259(8) or section 260(3) of the Act apply for the purposes of the provisions of those sections as applied by paragraphs (2) and (3) as they apply for the purposes of the Act. (5) Sections 261 to 266 of the Act (improvement notices and prohibition notices) apply for the purposes of these Regulations as if the meaning of “the relevant statutory provisions” in section 261(4) included these Regulations.
Detention of United Kingdom ships and non-United Kingdom ships without MLC documentation
27B
(1) Where a relevant inspector has clear grounds for believing that— (a) a ship to which this regulation applies does not comply with these Regulations; and (b) (i) the conditions on board are clearly hazardous to the safety, health or security of seafarers; or (ii) the non-compliance represents a serious breach or the latest in a series of repeated breaches of these Regulations or the requirements of the MLC (including the rights of seafarers referred to in Articles III and IV of the MLC which are secured by it), that ship is liable to be detained. (2) The power under this regulation to detain a ship may be exercised as regards a United Kingdom ship wherever it may be, but as regards a ship which is not a United Kingdom ship may only be exercised if the ship in question is— (a) in a port or shipyard in the United Kingdom; or (b) at an offshore terminal in United Kingdom waters. (3) A person having powers to detain a ship may permit a ship which is liable to be detained under this regulation to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard available. (4) Section 284 of the Act (enforcing detention of a ship) applies where a ship is liable to be detained under this regulation as if— (a) references to the owner of a ship were to the shipowner under these Regulations; (b) references to detention of a ship under the Act were references to detention of the ship in question under this regulation; and (c) subsection (7) were omitted. (5) Where a ship is liable to be detained under this regulation, the person detaining the ship must serve on the master of the ship a detention notice which— (a) states the grounds for the detention; and (b) requires the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the Act. (6) Where a ship other than a United Kingdom ship is detained, the Secretary of State must immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly or the appropriate maritime authorities of that State, and invite them to send a representative to attend the ship. (7) Where a ship is detained under this regulation and all of the grounds for detention have ceased to apply, a person having power to detain the ship must, at the request of the shipowner or master, immediately release the ship— (a) if no proceedings for an offence under these Regulations are instituted within the period of seven days beginning with the day on which the ship is detained; (b) if proceedings for an offence under these Regulations, having been instituted within that period, are concluded without a person being convicted; (c) if either— (i) the sum of £30,000 is paid to the Secretary of State by way of security; or (ii) security which, in the opinion of the Secretary of State, is satisfactory and is for an amount not less than £30,000 is given to the Secretary of State, by or on behalf of the shipowner or master; (d) where a person is convicted of an offence under these Regulations, if any costs or expenses ordered to be paid by that person, and any fine imposed on that person, have been paid; or (e) if the release is ordered by a court or tribunal referred to in article 292 of the United Nations Convention on the Law of the Sea, and any bond or other financial security ordered by such court or tribunal is posted. (8) The Secretary of State must repay any sum paid in pursuance of paragraph (7)(c) or release any security so given— (a) if no proceedings for an offence under these Regulations are instituted within the period of seven days beginning with the day on which the sum is paid or the security is given; or (b) if proceedings for such an offence, having been instituted within that period, are concluded without a person being convicted. (9) Where a sum has been paid, or security has been given, by any person in pursuance of paragraph (7)(c) and a person is convicted of an offence under these Regulations, the sum so paid or the amount made available under the security must be applied as follows— (a) first in payment of any costs or expenses ordered by the court to be paid by the person convicted; and (b) next in payment of any fine imposed by the court, and any balance must be repaid to the first-mentioned person. (10) Section 145 of the Act (interpretation of references in section 144 to the institution of proceedings or their conclusion) applies for the purposes of paragraphs (7) and (8) as if— (a) references to the owner of a ship were to the shipowner under these Regulations; and (b) references to an offence under section 131 were references to an offence under these Regulations.
Inspection and detention and other measures in respect of fishing vessels registered outside the United Kingdom
28
(1) A relevant inspector may inspect any fishing vessel which is not a United Kingdom ship when the ship is in a United Kingdom port, and if satisfied that the ship does not conform to the standards required of United Kingdom ships by these Regulations, may— (a) send a report to the government of the country in which the ship is registered, and a copy thereof to the Director General of the International Labour Office; and (b) where conditions on board are clearly hazardous to health and safety— (i) take such measures as are necessary to rectify those conditions, or (ii) detain the ship, provided that the measures specified in sub-paragraph (a) and (b) may be taken only when the ship has called at a United Kingdom port in the normal course of business for operational reasons. (2) If either of the measures specified in paragraphs (1)(b) are taken, the relevant inspector shall forthwith notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly. (3) The relevant inspector shall not in exercise of his power under this regulation detain or delay the ship unreasonably.
Inspection of non-United Kingdom ships with MLC documentation
28A
(1) A relevant inspector may— (a) review the ship’s Maritime Labour Certificate and Declaration of Maritime Labour Compliance or the ship’s interim Maritime Labour Certificate; and (b) where Standard A5.2.1 of the MLC applies, carry out a more detailed inspection in accordance with that Standard. (2) Where a relevant inspector has power to inspect a ship under paragraph (1)(b), regulation 27A applies to the relevant inspector as if— (a) in paragraphs (1) and (3), for the words “checking compliance with these Regulations” there were substituted “carrying out an inspection under regulation 28A(1)(b)”; and (b) in paragraph (3), for the words “to which this regulation applies” in both places where they appear there were substituted “to which regulation 28A(1)(b) applies”.
Detention of non-United Kingdom ships with MLC documentation
28B
(1) Where a relevant inspector inspects the ship under regulation 28A(1)(b) and has clear grounds for believing that— (a) one or more of the requirements of Regulation 4.3 and Standard A4.3 of the MLC (health and safety protection and accident prevention) have not been complied with; and (b) (i) the conditions on board are clearly hazardous to the safety, health or security of seafarers; or (ii) the non-compliance represents a serious breach or the latest in a series of repeated breaches of the requirements of the MLC (including the rights of seafarers referred to in Articles III and IV of the MLC which are secured by it); the ship is liable to be detained. (2) The power under this regulation to detain a ship may only be exercised if the ship in question is— (a) in a port or shipyard in the United Kingdom; or (b) at an offshore terminal in United Kingdom waters. (3) A person having powers to detain a ship may permit a ship which is liable to be detained under this regulation to proceed to sea for the purpose of proceeding to the nearest appropriate repair yard available. (4) Where a ship is liable to be detained under paragraph (1), section 284 of the Act (enforcing detention of a ship) has effect in relation to that ship as if— (a) references to the owner of a ship were to the shipowner under these Regulations; (b) references to detention of a ship under the Act were references to detention of the ship in question under these Regulations; and (c) subsection (7) were omitted. (5) Where a ship is detained under this regulation the Secretary of State must immediately inform the consul or diplomatic representative of the State whose flag the ship is entitled to fly, or the appropriate maritime authorities of that State, and invite them to send a representative to attend the ship. (6) Where a ship is detained under this regulation and all the grounds for detention have ceased to apply, a person having power to detain the ship must, at the request of the shipowner or master, immediately release the ship.
Enforcement of detention
29
Where a ship is liable to be detained under these Regulations (other than under regulation 27B or 28B) , section 284(1) to (5) and (8) of the Act (which relates to the detention of the ship) shall apply as if for the words “this Act”, wherever they appear, there were substituted “the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997”.
Compensation
30
Sections 96 and 97 of the Act (Arbitration and Compensation) shall apply in relation to a detention notice or order under these Regulations as they apply to a detention notice under section 95(3) of the Act, and in such application, “relevant inspector” means a person making an inspection under these Regulations.
Back to The Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).