The Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020

Restriction on jurisdiction over offences outside United Kingdom limits U.K.

23.—(1) Where there has been an offence under regulation 21(1)(a) or (c) (offences) in respect of a ship which is not a United Kingdom ship in the internal waters, territorial sea or exclusive economic zone of a foreign State, proceedings in respect of that offence must not be instituted in the United Kingdom unless—

(a) that foreign State, the flag State of the ship or a foreign State polluted or threatened with pollution as a result of the offence requests that proceedings be taken; or

(b) the offence has caused or is likely to cause pollution in United Kingdom waters or controlled waters.

(2) Where proceedings have been instituted but not concluded, they must be suspended upon the request of the foreign State in question and the Secretary of State must send all the evidence, court records and documents relating to the case, together with any sum paid or security given, to the foreign State.

(3) In this regulation—

(a) “exclusive economic zone” in relation to a foreign State, means the area beyond and adjacent to the territorial sea of that State, but not extending beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured;

(b) “foreign State” means a State other than the United Kingdom; and

(c) “nautical mile” means an international nautical mile of 1,852 metres.

Commencement Information

I1 Reg. 23 in force at 22.7.2020, see reg. 1(2)