The Merchant Shipping (Prevention of Oil Pollution) Regulations 1996

PART X PROCEEDINGS FOR POLLUTION OFFENCES COMMITTED OUTSIDE UK WATERS

Restriction on jurisdiction over offences outside UK limits

38.—(1) No proceedings for an offence of contravening regulation 12, 13 or 16 by a ship which is not a United Kingdom ship, which relates to a discharge in the internal waters, territorial waters or exclusive economic zone of another State shall be instituted unless—

(a) that State, the flag state or a State damaged or threatened by the discharge requests that proceedings be taken; or

(b) the discharge has caused or is likely to cause pollution in the internal waters, territorial sea or controlled waters of the United Kingdom.

(2) Where proceedings for an offence of contravening regulation 12, 13 or 16 by a ship which is not a United Kingdom ship which relates to a discharge in the internal waters, territorial sea or exclusive economic zone of another State have been instituted but not concluded, and that State requests suspension of the proceedings, then—

(a) proceedings shall be suspended; and

(b) the Secretary of State shall transmit all the evidence and court records and documents relating to the case, together with any sum paid or security given pursuant to regulation 37 (3)(c), to that State.

(3) It shall be a defence to a person charged with contravening regulation 12, 13 or 16 for the defendant to show—

(a) that the ship is not a United Kingdom ship; and

(b) the discharge took place outside the United Kingdom, its territorial waters and the controlled waters of the United Kingdom; and

(c) the ship was in a port in the United Kingdom at the time of institution of proceedings by reason only of stress of weather or other reason beyond the control of the master or owner or charterer.

Suspension of proceedings at flag state request

39.—(1) This regulation relates to an alleged offence of contravening regulation 12, 13 or 16 by a ship which is not a United Kingdom ship, in relation to a discharge outside the United Kingdom or its territorial waters.

(2) (a) Any proceedings for such an offence shall be stayed if the Court is satisfied that the flag state has instituted proceedings corresponding to the proceedings in United Kingdom in respect of the discharge, within six months of the institution of proceedings in the United Kingdom.

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

(i) where the discharge resulted in major damage to the United Kingdom; or

(ii) the Secretary of State certifies that the flag state has repeatedly disregarded its obligation 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.

(4) Where the costs of the Secretary of State incurred in respects of proceedings suspended under paragraph (2) have been paid, any money paid or security given under regulation 37(3)(c) shall be released.

Supplementary

40.  For the purposes of regulations 38 and 39, proceedings for an offence are to be treated as being instituted in the United Kingdom in the circumstances set out in regulation 37(6), (7) or (8) as the case may be.