Part 4 U.K. Marine licensing

Modifications etc. (not altering text)

C1 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)

C2 Pt. 4 excluded (E.W.S.) (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 8(7) (with arts. 40, 41)

C3 Pt. 4 modified (E.W.S.) (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 36 (with arts. 37, 38)

C4 Pt. 4 modified (E.W.S.) (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 39 (with art. 43)

C5 Pt. 4 modified (E.W.S.) (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 31 (with arts. 40, 41, Sch. 9 Pt. 5 para. 18)

C6 Pt. 4 applied (E.W.S) (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414), arts. 1, 32 (with arts. 41, 42, Sch. 17 para. 66)

C7 Pt. 4 applied (E.W.S.) (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), arts. 1, 32 (with arts. 41, 42, Sch. 16)

C8 Pt. 4 modified (E.W.S.) (29.12.2022) by The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022 (S.I. 2022/1396), arts. 1, 39 (with art. 32, Sch. 10 paras. 26(2), 68)

Chapter 3 U.K. Enforcement

Modifications etc. (not altering text)

C9 Pt. 4 Ch. 3 applied (E.W.S.) (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), art. 1, Sch. 5 para. 8 (with arts. 35, 36)

Offences U.K.

86 Action taken in an emergency U.K.

(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.

Modifications etc. (not altering text)

C10 S. 86 excluded (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), art. 1, Sch. 9 para. 18 (with art. 22)

Commencement Information

I1 S. 86 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)