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The Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1998

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Suspension of proceedings at flag State request

19.—(1) This regulation applies to proceedings instituted but not concluded in the United Kingdom in respect of a breach of the Regulations committed outside United Kingdom waters by a ship other than a United Kingdom ship.

(2) (a) Any such proceedings shall be suspended if the court is satisfied that the flag State has instituted proceedings corresponding to the proceedings in the United Kingdom in respect of the breach of the Regulations within six months of the institution of the proceedings in the United Kingdom.

(b)Subparagraph (a) above does not apply—

(i)where the breach of the Regulations resulted in major damage to the United Kingdom; or

(ii)the Secretary of State certifies that the flag State has repeatedly disregarded its obligations to enforce effectively the requirements of the Convention in respect of its ships.

(3) Where proceedings instituted by the flag State have been brought to a conclusion, the suspended proceedings shall be terminated.

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