Marine Pollution Act 1999

(1) It is a defence to a prosecution for an offence against section 31 if:

(a) the discharge resulted from damage, other than intentional damage, to the ship or its equipment;

(b) there was in place a system of adequate and regular inspection and maintenance of the ship or equipment so as to prevent as far as is reasonably practicable the discharge of sewage as a result of damage to the ship or equipment;

(c) the damage was not such as should reasonably be expected to have been detected and repaired in the course of carrying out the inspection and maintenance; and

(d) all reasonable precautions were taken after the damage happened or the discharge was discovered to prevent or minimise the discharge of the sewage.

(2) For the purposes of subsection (1)(a), damage to a ship or its equipment is intentional damage only if the damage arose in circumstances in which the ship's owner or master:

(b) acted recklessly and with knowledge that damage would probably result.