Merchant Shipping Act 1995

Offences in connection with lighthouses, buoys, beacons, etc.

219Damage etc. to lighthouses etc

(1)A person who, without lawful authority—

(a)intentionally or recklessly damages—

(i)any lighthouse or the lights exhibited in it, or

(ii)any lightship, buoy or beacon;

(b)removes, casts adrift or sinks any lightship, buoy or beacon; or

(c)conceals or obscures any lighthouse, buoy or beacon;

commits an offence.

(2)A person who, without reasonable excuse,—

(a)rides by,

(b)makes fast to, or

(c)runs foul of,

any lightship, buoy or beacon commits an offence.

(3)A person who is guilty of an offence under this section shall, in addition to being liable for the expenses of making good any damage so occasioned, be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

220Prevention of false lights

(1)Whenever any light is exhibited at such place or in such manner as to be liable to be mistaken for a light proceeding from a lighthouse, the general lighthouse authority within whose area the place is situated, may serve a notice (“a prevention notice”) upon the owner of the place where the light is exhibited or upon the person having the charge of the light.

(2)A prevention notice is a notice directing the person to whom it is addressed to take, within a reasonable time specified in the notice, effectual means for extinguishing or effectually screening the light and for preventing for the future any similar light.

(3)A prevention notice may, in addition to any other mode of service authorised by this Act, be served by affixing the notice in some conspicuous spot near to the light to which it relates.

(4)If a person on whom a prevention notice is served fails, without reasonable excuse, to comply with the directions contained in the notice, he shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

(5)If a person on whom a prevention notice is served neglects for a period of seven days to extinguish or effectually screen the light mentioned in the notice, the general lighthouse authority may enter the place where the light is and forthwith extinguish it, doing no unnecessary damage.

(6)Where a general lighthouse authority incur any expenses in exercising their powers under subsection (5) above they may recover the expenses from the person on whom the prevention notice was served.

(7)Any such expenses may, in England and Wales and Northern Ireland, be recovered summarily as a civil debt.

(8)In Scotland any such expenses shall, for the purposes of their recovery, be regarded as a debt due by the person on whom the notice has been served to the general lighthouse authority.