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Marine and Coastal Access Act 2009
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- 2009 c. 23
- Part 4
- Chapter 3
- Offences
- Section 86
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Marine and Coastal Access Act 2009, Section 86 is up to date with all changes known to be in force on or before 28 May 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 12(3)(c)(d) inserted by 2017 c. 4 Sch. 6 para. 77(b)
- s. 13(3)(c)(d) inserted by 2017 c. 4 Sch. 6 para. 78(b)
- s. 67A inserted by 2016 anaw 3 s. 76
- s. 72A inserted by 2016 anaw 3 s. 77(1)
- s. 78(6A)(6B) inserted by 2017 c. 4 Sch. 6 para. 80(4)
- s. 79(6A)(6B) inserted by 2017 c. 4 Sch. 6 para. 81(4)
- s. 98(6)(ca) inserted by 2016 anaw 3 s. 80(a)
- s. 98(6)(ha)(hb) inserted by 2016 anaw 3 s. 80(b)
- s. 107A 107B inserted by 2016 anaw 3 s. 78
- s. 108(2A) inserted by 2016 anaw 3 s. 79
- s. 113(5)(c) inserted by 2017 c. 4 s. 46(2)(b)
- s. 116(5A) inserted by 2017 c. 4 s. 47(2)(b)
- s. 236(2)(aa) inserted by 2017 c. 4 s. 46(3)(b)
- s. 240(1)(ba) inserted by 2017 c. 4 s. 46(4)(b)
- s. 241(3)(aa) inserted by 2017 c. 4 s. 46(5)(b)
86Action taken in an emergencyE+W+S+N.I.
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.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Commencement Information
I1S. 86 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)
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