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The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019
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- UK Statutory Instruments
- 2019 No. 42
- PART 9
- Regulation 46
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Suspension of proceedings at flag State request
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46.—(1) This regulation applies to proceedings instituted but not concluded in the United Kingdom in respect of a contravention of any of regulations 25 to 28 committed outside United Kingdom waters by a ship which is not a United Kingdom ship.
(2) Subject to paragraph (3), any proceedings must be suspended if the court is satisfied that the flag State in question has instituted proceedings corresponding to the proceedings in the United Kingdom in respect of the contravention of that provision within six months of the institution of the proceedings by the United Kingdom.
(3) Paragraph (2) does not apply—
(a)where the contravention of any of regulations 25 to 28 resulted in serious pollution to the United Kingdom; or
(b)if the Secretary of State certifies that the flag State in question has repeatedly disregarded its obligation to enforce effectively the requirements of the Convention in respect of its ships.
(4) Where proceedings instituted by the flag State have been brought to a conclusion, the suspended proceedings must be terminated.
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