Part 4Marine licensing
Offences
39Breach of requirement for, or conditions of, licence
1
A person who—
a
contravenes section 20(1), or
b
fails to comply with any condition of a marine licence,
commits an offence.
2
A person who is bound by a condition of a licence by virtue of section 29(5) is not to be taken as having failed to comply with the condition unless the requirements of subsection (3) are satisfied.
3
The requirements are that—
a
the Scottish Ministers have served the person with a notice under this subsection which specifies the condition together with a period (which must be a reasonable period, in all the circumstances of the case) within which the person must comply with the condition,
b
the person has failed to comply with the condition within that period.
4
A person guilty of an offence under subsection (1) is liable—
a
on summary conviction, to a fine not exceeding £50,000,
b
on conviction on indictment, to a fine or to imprisonment for a period not exceeding 2 years, or to both.
40Defences: action taken in an emergency
1
It is a defence for a person charged with an offence under section 39(1) in relation to any activity to prove that—
a
the activity was carried out for the purpose of saving life, or for the purpose of securing the safety of a vessel, aircraft or marine structure, and
b
the person took steps within a reasonable time to inform the Scottish Ministers 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
The defence provided by subsection (1) is not available to a person where—
a
the court is not satisfied that the activity either—
i
was necessary for any of the purposes mentioned in subsection (1)(a), or
ii
was a reasonable step to take in the circumstances, or
b
the necessity for the activity was due to the fault of the accused or a person acting under the accused’s direction or control.
41Defences: electronic communications: emergency works
1
It is a defence for a person charged with an offence under section 39(1) in relation to any activity to prove that—
a
for the purposes of paragraph 23 of 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.
2
In this section “the electronic communications code” means the code set out in Schedule 2 to the Telecommunications Act 1984 (c.12).
42Offences relating to information
1
A person who, for any of the purposes set out in subsection (2)—
a
makes a statement which is false or misleading in a material way, knowing the statement to be false or misleading,
b
makes a statement which is false or misleading in a material way, being reckless as to whether the statement is false or misleading, or
c
intentionally fails to disclose any material information,
commits an offence.
2
The purposes are—
a
the purpose of procuring the issue, variation or transfer of a marine licence,
b
the purpose of complying with, or purporting to comply with, any obligation imposed by the provisions of this Part or the provisions of a marine licence.
3
A person guilty of an offence under subsection (1) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum,
b
on conviction on indictment, to a fine.