5Active management system

(1)The turbines shall be operated in accordance with an active management system for the purpose of minimising the risk of vessels colliding with the rotating blades of the turbines.

(2)The details of the active management system shall be settled in accordance with subsection (3) below but the system shall include—

(a)provision for each turbine to be marked with clearly visible identification systems;

(b)provision for communication procedures between the relevant emergency service and the central control room for the operation of the turbines when a vessel is in distress;

(c)provision for the immediate shutting down of one or more of the turbines at the request of the relevant emergency service in a position which secures the maximum clearance between the lowest point of the blades and the water level; and

(d)provision for testing the emergency procedures at times and in a manner reasonably required by the relevant emergency service.

(3)For the purpose of settling the details of the active management system the undertaker shall consult the relevant emergency service and shall incorporate any reasonable requirements requested by them.

(4)If without reasonable excuse the undertaker operates the turbines otherwise than in accordance with the active management system agreed under this section or fails to comply with the requirements of that system it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to a fine.