Citation and commencement _I1

1. These Regulations may be cited as the Merchant Shipping (Passengers’ Rights) Regulations 2013 and come into force on 27th March 2013.

Interpretation _I2

2. —(1) In these Regulations—

“the EU Regulation” means Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 ( 3 );

“carrier”, “port”, “port authority”, “ticket vendor”, “terminal operator”, “tour operator” and “travel agent” have the same meaning as in the EU Regulation;

“conciliation” includes mediation and any other form of alternative dispute resolution; and

“Maritime and Coastguard Agency” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport.

(2) A reference to an Article is a reference to that Article in the EU Regulation.

Offences _I3

3. —(1) A carrier who contravenes an obligation imposed by Article 4(1), 17, 18 or 19(5) is guilty of an offence.

(2) A carrier or a ticket vendor who contravenes an obligation imposed by Article 4(2) is guilty of an offence.

(3) A carrier or a terminal operator who contravenes an obligation imposed by Article 10, 11(3), (4) or (5), 12(3), 13, 14, 15(4), 16, 22 or 24 is guilty of an offence.

(4) A carrier, port authority or terminal operator who contravenes an obligation imposed by Article 23 is guilty of an offence.

(5) A carrier, tour operator or travel agent who contravenes an obligation imposed by Article 7 or 8(2), (3), (4) or (5) is guilty of an offence.

(6) A carrier, terminal operator, tour operator or travel agent who contravenes an obligation imposed by Article 9 or 12(1) is guilty of an offence.

(7) A carrier, terminal operator, ticket vendor, tour operator or travel agent who contravenes an obligation imposed by Article 6 is guilty of an offence.

(8) A tour operator or travel agent who contravenes an obligation imposed by Article 11(3) or 12(2) is guilty of an offence.

Penalties _I4

4. A person guilty of an offence under regulation 3 is liable—

(a) in relation to any failure to comply with an obligation imposed by—

(i) Article 4(1),

(ii) Article 9,

(iii) Article 11(3), (4) or (5),

(iv) Article 12(1) or (2),

(v) Article 13,

(vi) Article 14,

(vii) Article 15(4),

(viii) Article 16,

(ix) Article 17,

(x) Article 18,

(xi) Article 19(5),

(xii) Article 22, or

(xiii) Article 23,

on summary conviction, to a fine not exceeding level 5 on the standard scale;

(b) in relation to any failure to comply with an obligation imposed by—

(i) Article 4(2),

(ii) Article 6,

(iii) Article 7,

(iv) Article 8(2), (3), (4) or (5),

(v) Article 10,

(vi) Article 11(1),

(vii) Article 12(3), or

(viii) Article 24,

on summary conviction, to a fine not exceeding the statutory maximum, or on conviction on indictment, to an unlimited fine.

Other performing parties _I5

5. —(1) This regulation applies where a person (A) undertakes to carry out an obligation imposed on another person (B) under any of the Articles mentioned in regulation 3.

(2) In such a case, A and B are both guilty of an offence if that obligation is contravened.

Defence _I6

6. —(1) Subject to paragraph (2), in proceedings against any person for an offence under regulation 3, it is a defence for that person to show that they took all reasonable steps to avoid committing the offence.

(2) A person is not entitled to rely on the defence provided by paragraph (1) by reason of their reliance on information supplied to them, unless they show that it was reasonable in all the circumstances to have relied on that information.

Offences by corporate or unincorporated bodies _I7

7. —(1) Where—

(a) an offence is committed by a body corporate or a partnership (including a limited liability partnership and a Scottish partnership) or other unincorporated association; and

(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of —

(i) a relevant individual; or

(ii) an individual purporting to act in the capacity of a relevant individual,

the individual as well as the body corporate, partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.

(2) In paragraph (1), “relevant individual” means—

(a) in relation to a body corporate—

(i) a director, manager, secretary or other similar officer of the body;

(ii) where the affairs of the body are managed by its members, a member;

(b) in relation to a partnership, a partner;

(c) in relation to an unincorporated association other than a partnership, a person who is concerned in the management or control of the association.

Enforcement _I8

8. —(1) The Maritime and Coastguard Agency is the body designated for the purposes of Article 25.

(2) Any person subject to an obligation imposed by the EU Regulation and referred to in regulation 3 must supply the Maritime and Coastguard Agency with such information and documents as it may reasonably require for the purposes of, or in connection with, the exercise of any of its functions under the EU Regulation.

(3) A person who fails, without reasonable excuse, to comply with a request to supply such information or documents is guilty of an offence, and is liable on summary conviction, to a fine not exceeding level 5 on the standard scale, or on conviction on indictment, to an unlimited fine.

Compensation claims _I9

9. —(1) A claim by a person for an infringement of any of that person’s rights under the EU Regulation may be made the subject of civil proceedings in the same way as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.

(2) Proceedings in England, Wales or Northern Ireland may be brought only in a county court.

(3) Proceedings in Scotland may be brought only in a sheriff court.

(4) The remedies available in such proceedings are those which are available in the High Court or (as the case may be) the Court of Session.

(5) A county court or a sheriff court is not to consider a claim under this regulation unless proceedings in respect of it are instituted before the end of the period of six months beginning when the infringement complained of occurred.

(6) Where, in relation to proceedings or prospective proceedings under this regulation, the dispute concerned is referred to conciliation before the end of the period of six months mentioned in paragraph (5), the period allowed by that paragraph is to be extended by three months.

(7) A court may consider any claim under this regulation which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.

Transitory provisions of the Equality Act 2010_I10

10. In relation to such aspects of a particular case as are governed by the EU Regulation, Article 10 of the Equality Act 2010 (Commencement No.4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010( 4 ) (transitory provisions relating to ships and hovercraft) does not apply.

Review _I11

11. —(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations.

(b) set out the conclusions of the review in a report, and

(c) publish the report.

^F1 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.