[25BA Facilitation offences: application to rescuers]

[25BA  Facilitation offences: application to rescuers]

[(1)     A person does not commit a facilitation offence if the act of facilitation was an act done by or on behalf of, or co-ordinated by—

(a)     Her Majesty's Coastguard, or

(b)     an overseas maritime search and rescue authority exercising similar functions to those of Her Majesty's Coastguard.

(2)     In proceedings for a facilitation offence, it is a defence for the person charged with the offence to show that—

(a)     the assisted individual had been in danger or distress at sea, and

(b)     the act of facilitation was an act of providing assistance to the individual at any time between—

(i)     the time when the assisted individual was first in danger or distress at sea, and

(ii)     the time when the assisted individual was delivered to a place of safety on land.

(3)     For the purposes of subsection (2), the following are not to be treated as an

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