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Changes over time for: Section 98


Timeline of Changes
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No versions valid at: 10/03/2010
Status:
Point in time view as at 10/03/2010. This version of this provision is not valid for this point in time.

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Not valid for this point in time generally means that a provision was not in force for the point in time you have selected to view it on.
Changes to legislation:
There are currently no known outstanding effects for the Marine (Scotland) Act 2010, Section 98.

Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Valid from 01/07/2010
98Prohibited act taken in an emergencyS
This section has no associated Explanatory Notes
(1)It is a defence for a person charged with an offence under section 94, 95 or 96 to prove that—
(a)the act alleged to constitute the offence was carried out for the purpose of any of the following—
(i)saving life,
(ii)securing the safety of a vessel, aircraft or marine installation, 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 act 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 act 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 act was due to the fault of the accused or a person acting under the accused's direction or control.
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