PART 4Enforcement
Offences and penalties12
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.