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Marine and Coastal Access Act 2009

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This is the original version (as it was originally enacted).

86Action taken in an emergency
This section has no associated Explanatory Notes

(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.

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