Section 4(5)

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

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