PART 7 Enforcement

39 Prohibition on discharge following sampling
1 Where a sampling of a ship’s ballast water under regulation 38(2)(c) (inspection of ships) indicates that the ship poses a threat to the environment, human health, property or resources, the person exercising the powers of inspection must serve on the master of the ship a notice which—
(a) prohibits the ship from discharging ballast water until the threat has been removed; and
(b) states the grounds for the prohibition.
2 The person exercising the powers of inspection must ensure that a copy of the notice is sent—
(a) in the case of a United Kingdom ship, to the Certifying Authority that issued the ship’s IBWM Certificate; or
(b) in the case of a ship which is not a United Kingdom ship, immediately to the appropriate maritime authorities of the ship’s flag State or a diplomatic representative of that State.
3 Where the ship is permitted to proceed to its next port of call, the person exercising the powers of inspection must ensure that a copy of the notice is sent to that port.
4 A notice served under paragraph (1) must be complied with.