8(1)The Development Corporation shall—U.K.
(a)during the whole time of the construction, alteration, replacement or re-laying of a tidal work, exhibit every night from sunset to sunrise at or near the work any such lights, and
(b)take such other steps for the prevention of danger to navigation from the construction, alteration, replacement or re-laying of a tidal work,
as the Secretary of State may direct.
(2)If the Development Corporation fail to comply in any respect with a direction given under this paragraph they shall be guilty of an offence and liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum, and
(b)on conviction on indictment, to a fine.
(3)In proceedings for an offence under sub-paragraph (2) above it shall be a defence for the Development Corporation to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(4)If in any case the defence provided by sub-paragraph (3) above involves the allegation that the commission of the offence was due to the act or default of another person, the Development Corporation shall not, without the leave of the court, be entitled to rely on the defence unless, not later than seven clear days before the hearing of the proceedings, they have served on the prosecution a notice in writing giving such information as was then in their possession identifying or assisting in the identification of the other person.
(5)Nothing in this paragraph shall prejudice or derogate from the powers, rights and privileges of Trinity House.