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Textual Amendments
F1Pt. 4A inserted (12.11.2009 for specified purposes, 6.4.2011 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 314(1), 324(1)(c), 324(1)(d); S.I. 2011/556, art. 3(2)(c)
(1)This section applies in any case where—
(a)the Secretary of State has given consent (“the relevant consent”) for an authorised exploration or exploitation operation, and
(b)at any time after the giving of that consent, the condition in subsection (2) is met.
(2)The condition is that it appears to the Secretary of State that any danger to navigation has arisen by reason of—
(a)any substantial damage to any works to which the relevant consent relates, or
(b)any other substantial and unforeseen change in the state or position of any such works.
(3)If it appears to the Secretary of State necessary to do so in the interests of the safety of navigation, the Secretary of State may serve a notice (an “emergency safety notice”) on the consent holder.
(4)By serving an emergency safety notice on the consent holder, the Secretary of State imposes on the consent holder such requirements as are prescribed in the notice with respect to any of the matters specified in subsection (5).
(5)Those matters are—
(a)the provision on, or in the vicinity of, the works in question of any lights, signals or other aids to navigation, and
(b)the stationing of guard ships in the vicinity of those works.
(6)An emergency safety notice may be served by the Secretary of State whether or not—
(a)the operation in question has been completed, or
(b)any condition was imposed by the Secretary of State, on giving the relevant consent, with respect to any of the matters referred to in subsection (5).]