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The Carriage of Explosives Regulations (Northern Ireland) 2010

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PART 5MISCELLANEOUS

Keeping and provision of information

21.—(1) An accident report of the kind referred to in Sub-section 1.8.3.6 shall be provided to the Northern Ireland competent authority or enforcement authority if requested.

(2) A written record of the information contained in the transport document described in Chapters 5.4 and 5.5 shall be kept for a period of three months after the completion of the carriage in question.

Enforcement

22.  The enforcing authority for these Regulations is the Secretary of State.

Defence

23.—(1) In any proceedings for an offence consisting of a contravention of any of the provisions of these Regulations, it is a defence for the person charged to prove that

(a)the commission of the offence was due to the act or default of another person, not being one of that person’s employees (“the other person”); and

(b)the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(2) The person charged shall not be entitled, without leave of the court, to rely on the defence referred to in paragraph (1) unless, at least seven clear days before the hearing to determine the mode of trial, he has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, the other person, as was then in the person’s possession.

(3) If a contravention of any of the provisions of these Regulations by any person is due to the act or default of the other person, then that other person is guilty of the offence, which would, but for the defence in paragraph (1), be constituted by the act or default.

Amendments

24.  The enactments specified in the Table in Schedule 2 are amended in accordance with the provisions of that Table.

Revocations

25.  The Regulations specified in the Table in Schedule 3 are revoked.

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