The Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996

Restriction on jurisdiction over offences outside UK limits

16.—(1) No proceedings for an offence of contravening regulation 5 by a ship which is not a United Kingdom ship, which relates to a discharge in the internal waters, territorial waters or exclusive zone of another State shall be instituted unless—

(a) that State, the Flag State or a State damaged or threatened by the discharge requests that proceedings be taken; or

(b) the discharge has caused or is likely to cause pollution in the internal waters, territorial sea or controlled waters of the United Kingdom.

(2) Where proceedings for an offence of contravening regulation 5 by a ship which is not a United Kingdom ship which relates to a discharge in the internal waters, territorial sea or exclusive economic zone of another State have been instituted but not concluded, and that State requests suspension of the proceedings, then—

(a) proceedings shall be suspended;

(b) the Secretary of State shall transmit all the evidence and court records and documents relating to the case to that State.

(3) It shall be a defence to charge of contravening regulation 5 for the defendant to show—

(a) that the ship is not a United Kingdom ship; and

(b) the discharge took place outside United Kingdom waters and controlled waters; and

(c) the ship was in a port in the United Kingdom at the time of institution of proceedings by reason only of stress of weather or other reason beyond the control of the master or charterer.