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SCHEDULE 2PROTECTION OF NAVIGATION

Lights on works during construction

7.—(1) The Council shall at or near a tidal work during the whole time of the construction, alteration, replacement, or reconstruction of the work exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State may from time to time direct.

(2) If the Council fail to comply in any respect with a direction given under this paragraph, they shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale; but it shall be a defence for the Council to prove that all due diligence was used to secure compliance with the direction.