The Merchant Shipping (Prevention of Oil Pollution) Regulations 2019

Exceptions for damage to a ship or its equipment in internal or controlled watersU.K.

This section has no associated Explanatory Memorandum

22.  The provisions of regulations 25 and 26 do not apply to any discharge of oil or oily mixture from an excepted ship into a part of the sea which is within the United Kingdom or its controlled waters which results from damage to a ship or its equipment if—

(a)the damage was caused by a person who was not connected with the excepted ship's business and who was acting—

(i)with intent;

(ii)recklessly; or

(iii)with serious negligence;

(b)all reasonable precautions were taken after the damage, or discovery of the discharge, to prevent or minimise the discharge; and

(c)neither the owner nor the master of the excepted ship acted—

(i)with intent to cause damage; or

(ii)recklessly and with knowledge that damage would probably result.

Commencement Information

I1Reg. 22 in force at 1.3.2019, see reg. 1(1)