41.— (1) If an owner or master of a ship to which this Chapter applies fails to comply with any of the duties required of him or her under section 38 (other than subsections (4) and (5) of that section) then the owner of the ship (if in fault) and the master of the ship (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.

(2) In the case of a ship to which this Chapter applies—

(a) an international certificate of fitness (INF) for the time being in force in respect of the ship is not available on board for examination in contravention of section 38 (4),

(b) the owner or master of the ship, without reasonable excuse, fails to make a report as provided for in section 38(5)(a) and (b), or

(c) the ship operates to carry nuclear cargo or attempts to operate or proceeds, or attempts to proceed, to sea—

(i) without an international certificate of fitness (INF) for the time being in force in respect of the ship in contravention of section 37(6)(a), or

(ii) being regarded as an unsafe ship under section 37(6)(b), in contravention of a notice of detention under section 66,

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

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

(ii) in the case of an offence under paragraph (c)—

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

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

(3) If a ship, in respect of which a notice has been given to its owner or master under section 40(2) which requires compliance with the rules before the ship proceeds to sea, proceeds or attempts to proceed to sea, without compliance as required in the notice, then the master or owner (as the case may be) 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.