26.—(1) The undertaker must, at or near—
(a)a tidal work, including any temporary work; or
(b)any plant, equipment or other obstruction placed, in connection with any authorised development or any work authorised by article 11 (provision of works), within the area of seaward construction activity,
during the whole time of the construction, alteration or relaying, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State and the Conservancy Authority or, failing agreement between them, the Secretary of State may from time to time direct.
(2) If the undertaker fails to comply in any respect with any requirements of a direction given under this article, it is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.