Modifications etc. (not altering text)
C1Pt. II modified (1.3.1995) by S.R. 1995/12, reg. 9
(1)Subject to subsections (3) [F1 , (4) ] [F2 and (8) ]below, a person who—
(a)except in pursuance of a licence and in accordance with its provisions, does anything for which a licence is needed; or
(b)causes or permits any other person to do any such thing except in pursuance of a licence and in accordance with its provisions,
shall be guilty of an offence.
(2)A person who for the purpose of procuring the issue of a licence, or in purporting to carry out any duty imposed on him by the provisions of a licence—
(a)makes a statement which he knows to be false in a material particular;
(b)recklessly makes a statement which is false in a material particular; or
(c)intentionally fails to disclose any material particular,
shall be guilty of an offence.
(3)Subject to subsection (4) below, it shall be a defence for a person charged with an offence under subsection (1) above in relation to any operation to prove—
(a)that the operation was carried out for the purpose of securing the safety of a vessel, aircraft, hovercraft or marine structure or of saving life; and
(b)that he took steps within a reasonable time to inform one or other of the Ministers—
(i)of the operation;
(ii)of the locality and circumstances in which it took place; and
(iii)of any substances or articles concerned.
(4)A person does not have the defence provided by subsection (3) above if the court is satisfied—
(a)that the operation—
(i)was not necessary for any purpose mentioned in paragraph (a) of that subsection; and
(ii)was not a reasonable step to take in the circumstances; or
(b)that it was necessary for one of those purposes but the necessity was due to the fault of the defendant.
F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(8)It shall be a defence for a person charged with an offence under subsection (1) in relation to any operation to prove that—
(a)for the purposes of [F5Part 10 of Schedule 3A of the Communications Act 2003 (the electronic communications code)] (undertaker's works), the person is the operator or a relevant undertaker, and
(b)the activity was carried out for the purpose of executing emergency works, within the meaning of that code.
F6...]
Textual Amendments
F1Word in s. 9(1) substituted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 2(6)(a) (with ss. 111, 323(6), Sch. 9 Pts. 3); S.I. 2011/556, art. 3(2)(a)
F2Words in s. 9(1) inserted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 6(2) (with ss. 111, 323(6)); S.I. 2011/556, art. 3(2)(a)
F3S. 9(5)-(7) repealed (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 2(6)(b), Sch. 22 Pt. 2 (with ss. 111, 323(6), Sch. 9 Pts. 3); S.I. 2011/556, art. 3(2)(a)(d)
F4S. 9(8) inserted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 6(3) (with ss. 111, 323(6)); S.I. 2011/556, art. 3(2)(a)
F5Words in s. 9(8)(a) substituted (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 23(a); S.I. 2017/1286, reg. 2(d)
F6Words in s. 9(8) omitted (28.12.2017) by virtue of Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 23(b); S.I. 2017/1286, reg. 2(d)
Modifications etc. (not altering text)
C2S. 9 power to transfer functions conferred (1.12.1998) by 1998 c. 38, s. 22(1)(c)(5), Sch. 3 Pt. I, para. 4(1)(a) (with ss. 139(2), 143(2)); S.I. 1998/2789, art. 2