C1Part 4Marine licensing
Offences
I140Defences: action taken in an emergency
1
It is a defence for a person charged with an offence under section 39(1) in relation to any activity to prove that—
a
the activity was carried out for the purpose of saving life, or for the purpose of securing the safety of a vessel, aircraft or marine structure, and
b
the person took steps within a reasonable time to inform the Scottish Ministers of the matters set out in subsection (2).
2
The matters are—
a
the fact that the activity was carried out,
b
the locality and circumstances in which it was carried out, and
c
any substances or objects concerned.
3
The defence provided by subsection (1) is not available to a person where—
a
the court is not satisfied that the activity either—
i
was necessary for any of the purposes mentioned in subsection (1)(a), or
ii
was a reasonable step to take in the circumstances, or
b
the necessity for the activity was due to the fault of the accused or a person acting under the accused's direction or control.
Pt. 4 modified (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 8, 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, Sch.