Explanatory Notes

Marine and Coastal Access Act 2009

2009 CHAPTER 23

12th November 2009

Summary and Background

Part 4: Marine Licensing

Chapter 3: Enforcement
Offences
Section 86: Action taken in an emergency

271.If a person undertakes a licensable activity without a licence but does so for the purpose of securing the safety of a vessel, aircraft or structure, or for the purpose of saving life, the person has a defence against a charge under section 85(1). However, this is dependent on the person informing the licensing authority within a reasonable time of the matters specified in subsection (2); on the steps taken being necessary and reasonable; and on it not being the person’s fault that the emergency occurred.