Defence of due diligence
27.—(1) Subject to the following provisions of this regulation, in any proceedings against any person for an offence under regulation 4(4) it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(2) Where in any proceedings against any person for such an offence the defence provided in paragraph (1) involves an allegation that the commission of the offence was due to—
(a)the act or default of another; or
(b)reliance on information given by another,
that person shall not, without the leave of the court, be entitled to rely on the defence unless, within a period ending seven clear days before the hearing of the proceedings, he has served a notice under paragraph (3) on the person bringing the proceedings.
(3) a notice under this paragraph shall give such information identifying, or assisting in the identification of, the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
(4) A person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied to another, unless he shows that it was reasonable in all the circumstances for him to have relied upon the information, having regard in particular—
(a)to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
(b)to whether he had any reason to disbelieve the information.