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Food Act 1984

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This is the original version (as it was originally enacted).

101Contravention in Scotland or Northern Ireland

(1)Where proceedings are brought against any person (" the defendant") in respect of a contravention of any provision of this Act, or of regulations made under this Act. and it is proved—

(a)that the contravention was due to the act or default of some other person, being an act or default which took place in Scotland or Northern Ireland, and

(b)that the defendant used all due diligence to secure compliance with those provisions,

the defendant shall, subject to subsection (2), be acquitted of the offence.

(2)The defendant shall not be entitled to be acquitted under this section unless within seven days from the date of the service of the summons on him he has given written notice to the prosecution of his intention to rely upon the provisions of this section, specifying the name and address of the person to whose act or default he alleges that the contravention was due. and has sent a like notice to that person.

(3)The person specified in a notice served under this section shall be entitled to appear at the hearing and to give evidence, and the court may. if it thinks fit, adjourn the hearing to enable him to do so.

(4)Where it is proved that the contravention of the provisions in question was due to the act or default of some person other than the defendant, being an act or default which took place in Scotland or Northern Ireland, the court shall (whether or not the defendant is acquitted) cause notice of the proceedings to be sent to the Minister.

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