The undertaker shall at or near a tidal work during the whole time of the construction, extension, enlargement, alteration, replacement or relaying thereof, 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 or the Authority or as, failing agreement between them, the Secretary of State shall from time to time direct.

If the undertaker fails to comply with any requirement of a direction given under paragraph (1) above, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.