23.—(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.