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The Port Babcock Rosyth Harbour Empowerment Order 2009
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Defence of due diligence
35.—(1) In proceedings for an offence under any provision of this Order mentioned in paragraph (2) it shall be a defence for the Company to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
(2) The provisions referred to in paragraph (1) are–
(a)article 12 (Lights on tidal works); and
(b)article 13 (Provision against danger to navigation).
(3) If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to the act or default of another person, the Company shall not, without leave of the court, be entitled to rely on that defence unless, within a period of 7 clear days before the hearing, they have served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in their possession.
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