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.