Section 10B(4)

An authorised person is not entitled to rely on the defence provided by subsection (3) as respects any action if–– it had become apparent, before the action was taken, that it would prove necessary for the purpose mentioned in that subsection; and either— a licence under section 16 authorising the action had not been applied for as soon as reasonably practicable after that fact had become apparent; or an application for such a licence had been determined.

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Source: legislation.gov.uk · retrieved 2026-07-30