Part 4Marine licensing

Stop notices and emergency safety notices

57Emergency safety notices

1

This section applies if it appears to the Scottish Ministers that serious interference with legitimate uses of the sea is occurring, or is likely to occur, as a result of—

a

any works for the carrying out of which a marine licence is or was needed, or

b

any substantial and unforeseen change in the state or position of any such works.

2

The Scottish Ministers may issue a notice (an “emergency safety notice”) to any person who is in control of the works to which the notice relates.

3

By issuing an emergency safety notice to a person, the Scottish Ministers impose on that person such requirements as are specified in the notice with respect to any of the matters specified in subsection (4).

4

The matters are—

a

the provision of lights, signals or other aids to navigation,

b

the stationing of guard ships.

5

An emergency safety notice (in addition to specifying the requirements which it imposes)—

a

must state the Scottish Ministers' grounds for believing that serious interference with legitimate uses of the sea is occurring, or is likely to occur,

b

must state the date and time from which the requirements are to take effect (which may be at a time on the date of the notice but must allow a period for compliance which is reasonable in all the circumstances of the case),

c

may require the person to take such steps as the Scottish Ministers consider appropriate to ensure that compliance with the requirements takes place safely.