76 Lights, etc, liable to be confused with railway signals

(1)

This section applies if—

(a)

a fire, light, sign, hoarding, or similar structure may—

(i)

be mistaken for, or obscure, a railway signal; or

(ii)

make it difficult for a person engaged in the operation of a rail vehicle to distinguish a railway signal; or

(b)

an electrical or radio or telecommunication signal or radiation may interfere with, or be mistaken for, a railway signal or communication.

(2)

If this section applies, a licensed access provider, or a person authorised by a licensed access provider for this purpose, may give written notice (in accordance with section 78) to the occupier or, if there is no occupier, the owner of the place where the fire, light, or structure is located, or from which the signal or radiation emanates, or to the person in charge of the fire, light, structure, signal, or radiation, directing that owner or person to, within 10 working days,—

(a)

take effective measures to extinguish, remove, or screen the fire, light, structure, signal, or radiation; and

(b)

prevent from appearing in that place any similar fire, light, structure, signal, or radiation in the future.

(3)

Despite subsection (2), notice is not required to be given in the case of an emergency.

(4)

For the purposes of this section, emergency means—

(a)

an actual or imminent danger to human health or safety; or

(b)

a danger to the environment or chattels so significant that immediate action is required to remove the danger.

Compare: 1992 No 111 s 13; 1996 No 30 s 135