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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.
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