(b) the exemption is subject to such conditions and limitations as will provide a level of safety equivalent to that provided by the requirement or requirements from which the exemption is being granted. 

(2) The Secretary of State may, on giving reasonable notice, alter or cancel an exemption that is granted in accordance with paragraph (1). 

(3) An exemption granted under paragraph (1) and alteration or cancellation under paragraph (2) must— 

(a) be in writing; 

(b) specify the date on which it takes effect; and 

(c) confirm the conditions (if any) on which it is given. 

(4) In this regulation “in writing” includes the provision of such communication by electronic mail, facsimile or similar means which is capable of producing a document containing the text of any communication. 

## Offence and penalties 

6. —(1) If a ship to which these Regulations apply does not meet the requirements of regulation 4, each of the owner, manager, demise charterer and master of that ship will, in respect of each case of non-compliance, be guilty of an offence. 

(2) An offence under paragraph (1) 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 imprisonment for a term not exceeding two years, or a fine, or both. 

(3) In any proceedings for an offence under these Regulations it is a defence for the defendant to show that all reasonable steps had been taken by the defendant to ensure compliance with these Regulations. 

## Detention 

7. —(1) A ship that does not meet the requirements of regulation 4 is liable to be detained until it complies. 

(2) Section 284 of the Merchant Shipping Act 1995( a ) (enforcing detention of a ship) applies to that detention as if references to the detention of a ship under that Act were references to the detention of the ship under these Regulations. 

Signed by authority of the Secretary of State for Transport 

17th May 2021 

Robert Courts Parliamentary Under Secretary of State Department for Transport 

