The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014, PART 12 — Offences and penalties (59–60) — Full Text

Penalties

59

(1) Subject to paragraphs (2) to (5) and regulation 59A , offences under these Regulations are punishable on summary conviction by a fine not exceeding level 5 on the standard scale. (2) Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 4 on the standard scale— (a) regulation 10(3) and (7); (b) regulation 12(4); (c) regulation 15(2), but only in relation to an offence consisting of a breach of regulation 15(1)(b); (d) regulation 36(3); (e) regulation 45(2); ... (f) regulation 46(2); (g) regulation 53G(3); (h) regulation 53I(3); and (i) regulation 53Q(3). (3) Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 3 on the standard scale— (a) regulation 12(8); (b) regulation 13(3); (c) regulation 24(5), (9) and (12); (d) regulation 25(3); (e) regulation 28(4), but only in relation to an offence consisting of a breach of regulation 28(3)(b); (f) regulation 29(5); (g) regulation 33(5), but only in relation to an offence consisting of a breach of regulation 33(4)(a); (h) regulation 36(5); ... (i) regulation 41(4), but only in relation to an offence consisting of a breach of regulation 41(3)(b); (j) regulation 53G(5); and (k) regulation 53Q(5). (4) Offences under the following provisions are punishable on summary conviction by a fine not exceeding level 2 on the standard scale— (a) regulation 17(5); (b) regulation 18(2); (c) regulation 24(3); (d) regulation 29(7); and (e) regulation 33(5), but only in relation to an offence consisting of a breach of regulation 33(4)(b). (5) Offences under the following provisions are punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or to both— (a) regulation 29(3); (b) regulation 30(4); (c) regulation 31(3); (d) regulation 32(4); (e) regulation 33(3); (f) regulation 37(8); and (g) regulation 41(9). ... (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further provision on penalties

59A

(1) Offences under the provisions listed in paragraph (2) are punishable on summary conviction— (a) in England and Wales, by a fine; (b) in Scotland and Northern Ireland, by a fine not exceeding level 5 on the standard scale. (2) The provisions referred to in paragraph (1) are— (a) regulation 53J(3); (b) regulation 53M(2); (c) regulation 53S(3). (3) Offences under the provisions listed in paragraph (4) are punishable— (a) on summary conviction— (i) in England and Wales, by a fine; (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. (4) The provisions referred to in paragraph (3) are— (a) regulation 53B(2); (b) regulation 53F.

Defence

60

In any proceedings for an offence under these Regulations (other than an offence under regulation 10(5)) it is a defence for the person charged to show that all reasonable steps had been taken by that person to ensure compliance with the provision concerned.

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