C1Part 4Marine licensing
Stop notices and emergency safety notices
I157Emergency safety notices
1
This section applies if it appears to the Scottish Ministers that serious interference with legitimate uses of the sea is occurring, or is likely to occur, as a result of—
a
any works for the carrying out of which a marine licence is or was needed, or
b
any substantial and unforeseen change in the state or position of any such works.
2
The Scottish Ministers may issue a notice (an “emergency safety notice”) to any person who is in control of the works to which the notice relates.
3
By issuing an emergency safety notice to a person, the Scottish Ministers impose on that person such requirements as are specified in the notice with respect to any of the matters specified in subsection (4).
4
The matters are—
a
the provision of lights, signals or other aids to navigation,
b
the stationing of guard ships.
5
An emergency safety notice (in addition to specifying the requirements which it imposes)—
a
must state the Scottish Ministers' grounds for believing that serious interference with legitimate uses of the sea is occurring, or is likely to occur,
b
must state the date and time from which the requirements are to take effect (which may be at a time on the date of the notice but must allow a period for compliance which is reasonable in all the circumstances of the case),
c
may require the person to take such steps as the Scottish Ministers consider appropriate to ensure that compliance with the requirements takes place safely.
Pt. 4 modified (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 8, 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, Sch.