There are currently no known outstanding effects for the The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008, Section 37.
37.—(1) In any proceedings for an offence under these Regulations, it is a defence for the person charged to prove that person took all reasonable steps and exercised all due diligence to ensure that the regulation in question was complied with.
(2) Without prejudice to paragraph (1), in any proceedings for an offence [F1comprising a contravention of regulation [F221(4), (4B) or (4D) or paragraph 2(2), (3) or (3A)] of Schedule 2A] it is a defence for the person charged to prove that—
(a)the ship was not a United Kingdom ship,
(b)the emission took place in waters that were neither controlled waters nor [F3United Kingdom waters, and]
(c)the ship was in a port in the United Kingdom at the time of the institution of proceedings by reason only of stress of weather or any other reason beyond the control of the master or owner or any charterer or manager.
Textual Amendments
F1Words in reg. 37(2) substituted (20.4.2010) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/895), reg. 1, Sch. 2 para. 15(a)
F2Words in reg. 37(2) substituted (22.10.2021) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2021 (S.I. 2021/1108), regs. 1(b), 2(13)
F3Words in reg. 37(2)(b) substituted (20.4.2010) by The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010 (S.I. 2010/895), reg. 1, Sch. 2 para. 15(b)
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