PART 3Requirements for Control of Operational Pollution—Control of Discharge of Oil
Exceptions for damage to a ship or its equipment in other watersI123
1
The provisions of regulations 25 and 26 do not apply to any discharge of oil or oily mixture from a United Kingdom excepted ship into a part of the sea outside 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 UK 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 UK excepted ship acted—
i
with intent to cause damage; or
ii
recklessly and with knowledge that damage would probably result.
2
The provisions of regulations 25 and 26 do not apply to any discharge of oil or oily mixture from a non-UK excepted ship into a part of the sea outside the United Kingdom or its controlled waters which results from damage to a ship or its equipment if—
a
all reasonable precautions were taken after the damage, or discovery of the discharge, to prevent or minimise the discharge; or
b
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.