Article 13 Incorporation of works provisions

The following provisions of the under-mentioned Acts are incorporated with and form part of this Order—

• The Act of 1966—

• Section 21 (Tidal works not to be executed without approval of Board of Trade),

• Section 23 (Abatement of works abandoned or decayed),

• Section 26 (Lights on tidal works during construction);

• The Act of 1969—

• Section 17 (Provision against danger to navigation);

• The Act of 1971—

• Section 16 (Permanent lights on works);

• The Act of 1988—

• Section 11 (Crown rights),

for references to the works authorised by those Acts there are substituted references to the works authorised by this Order; and

for references to those Acts there are substituted references to this Order.

For “one hundred pounds” in subsection (2) of each of the said sections 26, 17 and 16, as so incorporated, there is substituted “level 4 on the standard scale”.

In proceedings for an offence under any of the said sections 26, 17 and 16, as so incorporated, it shall be a defence for A.B. Ports to prove that it took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; provided that, if in any case that defence involves the allegation that the commission of the offence was due to the act or default of another person, A.B. Ports shall not, without leave of the court, be entitled to rely on that defence unless, not less than seven clear days before the hearing, it has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in its possession.