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SCHEDULES

SCHEDULE 20U.K.Power to suspend port operations

OffencesU.K.

6(1)A person commits an offence if the person fails without reasonable excuse to comply with a direction under this Schedule.U.K.

(2)A person has in particular a reasonable excuse for the purposes of sub-paragraph (1) if complying with the direction would cause the person to breach a duty to which the person is subject by virtue of any enactment.

(3)The duties referred to in sub-paragraph (2) include duties under a direction or instruction given by the Secretary of State under any of the following provisions—

(a)Schedule 3A to the Merchant Shipping Act 1995;

(b)Part 2 of the Aviation Security Act 1982;

(c)sections 118 and 119 of the Railways Act 1993;

(d)articles 13 to 16 of the Channel Tunnel (Security) Order 1994.

(4)A person guilty of an offence under this paragraph is liable on summary conviction—

(a)in England and Wales, to a fine or a term of imprisonment not exceeding 51 weeks or both,

(b)in Scotland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 12 months or both, or

(c)in Northern Ireland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 6 months or both.

(5)In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in sub-paragraph (4) to 51 weeks is to be read as a reference to 6 months.