Guidance
MGN 679 -Annex 1 - Offences under the Merchant Shipping (Nuclear Ships) Regulations 2022
Published 1 December 2022
© Crown copyright 2022
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| Offence | Regulation | Committed by | Penalty |
|---|---|---|---|
| Requirement for safety assessment | 7(1) | Owner and master of a nuclear ship in respect of each case of non-compliance | (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 imprisonment for a term not exceeding two years, or a fine, or both. |
| The custodial sentence of two years is the maximum custodial penalty available under the power in section 85(7)(b) of the Merchant Shipping Act 1995 and may be combined with a fine. These are the maximum penalties. | |||
| Design and construction of nuclear ships | 8 | Owner and master of a nuclear ship in respect of each case of non-compliance | As above |
| Suitability of reactor installation for service on board a ship | 9 | Owner and master of a nuclear ship in respect of each case of non-compliance | As above |
| Approval of reactor installation | 10 | Owner and master | As above |
| Radiation safety | 11 | Owner and master of a nuclear ship in respect of each case of non-compliance | As above |
| General operating requirements for nuclear ships | 12 (in so far as this relates to a contravention of paragraph 7.1.1 or 7.1.4 in Chapter 8 of the Nuclear Code) | Owner and master of a nuclear ship in respect of each case of non-compliance | As above |
| General operating requirements for nuclear ships | 12 (in so far as this relates to a contravention of paragraph 7.1.3 in Chapter 7 of the Nuclear Code) | Company (usually the operator, which may be the owner or manager) | As above |
| Safety assessment – operational requirements | 13(1)(a) or (b), (2)(a) or (b), or (5) | Owner and master of a nuclear ship in respect of each case of non-compliance | As above |
| Operating manual | 14(1), (3)(a) or (b), (4) or (5)(a) or (b) | Owner and master of a nuclear ship in respect of each case of non-compliance | As above |
| Additional operating documentation | 15(1), (3)(a) or (b), (4), (5) or (6) | Owner and master of a nuclear ship in respect of each case of non-compliance | As above |
| Emergency operation procedures | 16 | Owner and master of a nuclear ship in respect of each case of non-compliance | As above |
| Maintenance and repair | 17 | Owner and master of a nuclear ship in respect of each case of non-compliance | As above |
| Manning and training | 18(1) | Owner and master of a nuclear ship in respect of each case of non-compliance | As above |
| Surveys of United Kingdom nuclear ships | 20(1)(a), (b) or (c), (2), (3), (4), (6), (7), (8), (9) or (11)(a), (b), (c) or (d) | Owner and master of a nuclear ship in respect of each case of non-compliance | As above |
| Requirement to hold on board a nuclear ship safety certificate | 21(3) | Owner and master of a nuclear ship in respect of each case of non-compliance | As above |
| Responsibilities of owner and master | 23(1) | Owner and master of a nuclear ship in respect of each case of non-compliance | As above |
| Prohibition on proceeding to sea or on a voyage without the appropriate certificate | 27 | Owner and master of a nuclear ship in respect of each case of non-compliance | As above |
| Quality assurance programme | 28 | Owner and master of a nuclear ship in respect of each case of non-compliance. | As above |
| Decommissioning of nuclear ships | 29 | The master in respect of each case of non-compliance | As above |
| Loss of a nuclear ship | 30(a) or (b) | Master | As above |
| Failure to have safety assessment ready for examination | 13(2)(c) | Owner and master of a nuclear ship | on summary conviction– in England and Wales by a fine; or in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or on conviction on indictment by imprisonment for a term not exceeding six months, or a fine, or both. |
| failure to have operating manual ready for examination | 14(5)(c) | Owner and master of a nuclear ship | As above |
| Failure to have additional operating documentation ready for examination | 15(3)(c) | Owner and master of a nuclear ship | As above |
| Failure to have results of surveys and tests readily available for examination | 20(11)(e) | Owner and master of a nuclear ship | As above |
| Failure to have nuclear ship safety certificate ready for examination | 21(4) | Owner and master of a nuclear ship | As above |
| Falsification of certificate etc | 25(3) | The person in question. | As above |
| Providing training without approval etc. | 18(13)(a), (b), (c) or (d) | Providing training without approval etc. | On summary conviction– in England and Wales by a fine; or in Scotland or Northern Ireland by a fine not exceeding the statutory maximum; or on conviction on indictment by a fine. |