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Energy Conservation Act 1981

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17Contravention of orders

(1)Subject to subsection (2) below, an order made under this Act may provide for the creation of offences and for their punishment on summary conviction with a fine not exceeding a maximum specified in the order; but the maximum fine so specified for any offence shall not exceed £500.

(2)An order under Part I of this Act may not provide that the failure of the holder of an approval (within the meaning of that Part) to comply with any term on which it was granted shall be an offence, unless the term in question is required by an order under section 4 of this Act to be imposed in granting such an approval and is set out in that order.

(3)Where the commission by any person of an offence under any order made under this Act is due to the act or default of some other person, the other person shall be guilty of the offence and may be charged with and convicted of it whether or not proceedings are taken against the first-mentioned person.

(4)In any proceedings for an offence under any order made under this Act it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.

(5)If in any case the defence provided by subsection (4) above involves an allegation that the commission of the offence was due to the act or default of another person, the person charged 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, 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 his possession.

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