Section 86 Action taken in an emergencyI1C1
It is a defence for a person charged with an offence under section 85(1) in relation to any activity to prove that—
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
the person took steps within a reasonable time to inform the appropriate licensing authority of the matters set out in subsection (2).
The matters are—
the fact that the activity was carried out,
the locality and circumstances in which it was carried out, and
any substances or objects concerned.
A person does not have the defence provided by subsection (1) if the court is satisfied that the activity was neither—
necessary for any purpose mentioned in subsection (1)(a), nor
a reasonable step to take in the circumstances.
A person does not have the defence provided by subsection (1) if the court is satisfied that—
the activity was necessary for one of those purposes, but
the necessity was due to the fault of the person or of some other person acting under the person's direction or control.
Annotations
Modifications
- C1
S. 86 excluded (24.8.2017) by The National Grid (Richborough Connection Project) Development Consent Order 2017 (S.I. 2017/817), art. 1, Sch. 9 para. 18 (with art. 22)
Commencement
- I1
S. 86 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)
Notes on Part 4
Modifications
- C1
Pt. 4 excluded (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 8(6) (with arts. 40, 41, Pt. 2 para. 4(2), Pt. 2 para. 4(3), Pt. 2 para. 19, Pt. 4 para. 3, Pt. 4 para. 4, Pt. 4 para. 16, Sch. 12 paras. 4, 9(2), 10)
- C2
Pt. 4 excluded (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 8(7) (with arts. 40, 41)
- C3
Pt. 4 modified (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 36 (with arts. 37, 38)
- C4
Pt. 4 modified (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 39 (with art. 43)
- C5
Pt. 4 modified (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 31 (with arts. 40, 41, Sch. 9 Pt. 5 para. 18)
- C6
Pt. 4 applied (E.W.S) (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414), arts. 1, 32 (with arts. 41, 42, Sch. 17 para. 66)
- C7
Pt. 4 applied (E.W.S.) (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), arts. 1, 32 (with arts. 41, 42, Sch. 16)
- C8
Pt. 4 modified (29.12.2022) by The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022 (S.I. 2022/1396), arts. 1, 39 (with art. 32, Sch. 10 paras. 26(2), 68)
- C9
Pt. 4 modified (28.4.2025) by The Rampion 2 Offshore Wind Farm Order 2025 (S.I. 2025/468), arts. 1, 39 (with arts. 47, 48, Sch. 10)
- C10
Pt. 4 modified (28.7.2025) by The Mona Offshore Wind Farm Order 2025 (S.I. 2025/870), arts. 1, 5 (with arts. 37, 38, Sch. 10)
- C11
Pt. 4 modified (22.9.2025) by The Morgan Offshore Wind Project Generation Assets Order 2025 (S.I. 2025/1012), arts. 1, 5 (with arts. 9, 10)
- C12
Pt. 4 modified (27.11.2025) by The Cory Decarbonisation Project Order 2025 (S.I. 2025/1227), arts. 1, 42(1) (with Sch. 12)
- C13
Pt. 4 modified (23.12.2025) by The Morecambe Offshore Windfarm Generation Assets Order 2025 (S.I. 2025/1366), arts. 1, 5 (with arts. 9, 10)
- C14
Pt. 4 modified (8.1.2026) by The Five Estuaries Offshore Wind Farm Order 2025 (S.I. 2025/1376), arts. 1, 5 (with arts. 39, 40, Sch. 9)
- C15
Pt. 4: power to amend or modify conferred (12.2.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 22(3), 32(1) (with s. 30)
- C16
Pt. 4 modified (5.6.2026) by The North Falls Offshore Wind Farm Order 2026 (S.I. 2026/567), arts. 1, 35 (with arts. 44, 45, Sch. 14)
- C17
Pt. 4 modified (5.6.2026) by The Dogger Bank South East and West Offshore Wind Farms Order 2026 (S.I. 2026/577), arts. 1, 35 (with arts. 40, 41, Sch. 15)
Notes on Chapter 3
Modifications
- C1
Pt. 4 Ch. 3 applied (10.8.2016) by The York Potash Harbour Facilities Order 2016 (S.I. 2016/772), art. 1, Sch. 5 para. 8 (with arts. 35, 36)