PART 3 Requirements for Control of Operational Pollution—Control of Discharge of Oil

Exceptions for damage to a ship or its equipment in other waters

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.