The Merchant Shipping (Prevention of Air Pollution from Ships) Regulations 2008

Defences

This section has no associated Explanatory Memorandum

37.—(1) In any proceedings for an offence under these Regulations, it is a defence for the person charged to prove that person took all reasonable steps and exercised all due diligence to ensure that the regulation in question was complied with.

(2) Without prejudice to paragraph (1), in any proceedings for an offence under regulation 22(4) or 23(1) or (2) it is a defence for the person charged to prove that—

(a)the ship was not a United Kingdom ship,

(b)the emission took place in waters that were neither controlled waters nor United Kingdom waters.

(c)the ship was in a port in the United Kingdom at the time of the institution of proceedings by reason only of stress of weather or any other reason beyond the control of the master or owner or any charterer or manager.