C1Part 4Marine licensing
Chapter 3Enforcement
Offences
I186Action taken in an emergency
1
It is a defence for a person charged with an offence under section 85(1) in relation to any activity to prove that—
a
the activity was carried out for the purpose of securing the safety of a vessel, aircraft or marine structure, or for the purpose of saving life, and
b
the person took steps within a reasonable time to inform the appropriate licensing authority of the matters set out in subsection (2).
2
The matters are—
a
the fact that the activity was carried out,
b
the locality and circumstances in which it was carried out, and
c
any substances or objects concerned.
3
A person does not have the defence provided by subsection (1) if the court is satisfied that the activity was neither—
a
necessary for any purpose mentioned in subsection (1)(a), nor
b
a reasonable step to take in the circumstances.
4
A person does not have the defence provided by subsection (1) if the court is satisfied that—
a
the activity was necessary for one of those purposes, but
b
the necessity was due to the fault of the person or of some other person acting under the person's direction or control.
Pt. 4 excluded (E.W.S.) (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 8(6) (with arts. 40, 41, Pt. 2 para. 4(2), Pt. 2 para. 4(3), Pt. 2 para. 19, Pt. 4 para. 3, Pt. 4 para. 4, Pt. 4 para. 16, Sch. 12 paras. 4, 9(2), 10)