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5.—(1) It shall be the duty of the shipowner of every ship to which these Regulations apply to ensure that—
(a)a safe manning document is in force in respect of the ship and the manning of the ship,
(b)the safe manning document that is kept aboard the ship at all times, and
(c)the manning of the ship is maintained at all times to at least the levels specified in the safe manning document.
(2) The master of any ship to which these Regulations apply shall ensure that the ship does not proceed to sea unless there is on board a valid safe manning document issued in respect of the ship and the manning of the ship complies with that document.
(3) (a) If a shipowner or master fails to comply with any of the provisions of this regulation he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(b)It shall be a defence for a person charged under this regulation to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
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