Merchant Shipping Act 2010

56.

Offences ( Chapter 5).

56.— (1) If any condition of a permit to tender or a provision of any tendering operations regulations is not complied with, then the owner (if in fault) or the master (if in fault) of the ship or boat commits an offence and is liable—

( a) on summary conviction, to a fine not exceeding €5,000, or

( b) on conviction on indictment, to a fine not exceeding €100,000.

(2) If the owner or master of a ship or boat to which this Chapter applies carries out or attempts to carry out tendering operations without a valid permit to tender for the time being in force in respect of the ship or boat, then the owner (if in fault) or the master (if in fault) commits an offence and is liable—

( a) on summary conviction, to a fine not exceeding €5,000, or

( b) on conviction on indictment, to a fine not exceeding €100,000.

(3) If—

( a) the permit to tender is not displayed on the ship, boat or tender in compliance with section 54(1)(b) , or

( b) a copy of the relevant permit to tender is not available for examination on a vessel’s tender in compliance with section 54(1)(c) , or

( c) a copy of the relevant permit has not been supplied to the owner or master of a tender in compliance with section 54(1)(b) , or

( d) if a ship, boat or tender or a vessel’s tender being regarded as an unsafe ship under section 53(3) engages or attempts to engage in tendering operations, in contravention of a notice of detention under section 66 ,

then the owner (if in fault) or master (if in fault) of the ship or boat commits an offence and is liable—

(i) in the case of an offence under paragraph (a), (b) or (c), on summary conviction to a fine not exceeding €5,000, or

(ii) in the case of an offence under paragraph (d)

(I) on summary conviction to a fine not exceeding €5,000, or

(II) on conviction on indictment to a fine not exceeding €100,000.

(4) Where a copy of a permit to tender has been supplied by the owner or master of a ship or boat to the owner or master of a tender in respect of a tendering operation to be undertaken and it is not subsequently available for examination on the tender while the tendering operation concerned is being undertaken, the owner (if in fault) or master (if in fault) of the tender commits an offence and is liable on summary conviction to a fine not exceeding €5,000.

(5) If a tendering operation is not carried out in accordance with a permit to tender and any condition attached to it issued in respect of the ship or boat concerned, then the owner (if in fault) or the master (if in fault) of the tender commits an offence and is liable—

( a) on summary conviction, to a fine not exceeding €5,000, or

( b) on conviction on indictment, to a fine not exceeding €100,000.