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8. Article 4 applies to an activity carried on–
(a)by or on behalf of the Secretary of State in exercise of a power under Schedule 3A to the Merchant Shipping Act 1995(1) (safety directions);
(b)by any person for the purpose of complying with a direction under that Schedule; or
(c)by any person for the purpose of avoiding interference with action taken by virtue of that Schedule.
Section 108A of the Merchant Shipping Act 1995, which gives effect to Schedule 3A, was inserted by section 1(1) of the Marine Safety Act 2003.