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The Aberdeen Harbour Revision Order 2016

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Defence of due diligence

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24.—(1) In proceedings for an offence under any provision of this Order mentioned in paragraph (2), it shall be a defence for the Board to prove that it 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 10 (provision against danger to navigation);

(b)article 12 (lights on tidal works during construction); and

(c)article 13 (permanent lights on tidal works).

(3) If in any case the defence provided by paragraph (1) involves an allegation that the commission of the offence was due to the act or default of another person, the Board 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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