Article 26 Lights detrimental to navigationI1

England, Wales and Scotland

(1)

The Commissioners may by notice require a person placing or using in or near the waters of the harbour a light which is likely to mislead persons navigating in those waters or to interfere with the safe navigation of vessels—

(a)

within a reasonable time specified in the notice, at the option of the recipient of the notice—

(i)

to screen or alter the light so that it ceases to be likely to mislead persons, or to interfere with the safe navigation of vessels, or

(ii)

to extinguish or remove the light; and

(b)

not to use the light except as so screened or altered or, as the case may be, not to use or replace the light; and

(c)

to consult with the Commissioners before placing or using another light in lieu of the light to which the notice relates.

(2)

A person who fails to comply with a notice given under this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3)

It is a defence for a person charged with an offence under this article to prove that compliance with the notice would involve the contravention by any person of any enactment.

(4)

Nothing in this article shall apply to any light displayed in accordance with any direction given by the Secretary of State.

Annotations

Commencement

I1: Art. 26 in force at 23.7.2012, see art. 1(2)