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The Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Regulations 2022
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- UK Statutory Instruments
- 2022 No. 737
- PART 7
- Regulation 47
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Suspension of proceedings at flag State request
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47.—(1) This regulation applies to proceedings instituted but not concluded in the United Kingdom for an offence under regulation 44(1)(a) (offences) alleged to have been committed outside United Kingdom waters in relation to 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 ship’s flag State has instituted proceedings corresponding to the proceedings in paragraph (1) within six months of the institution of the proceedings in the United Kingdom.
(3) Paragraph (2) does not apply—
(a)where the offence resulted in serious pollution of the United Kingdom; or
(b)if the Secretary of State certifies that the ship’s flag State has repeatedly disregarded its obligations to enforce effectively the requirements of the Convention in respect of its ships.
(4) Where proceedings instituted by the ship’s flag State have been brought to a conclusion, the suspended proceedings must be terminated.
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