Part XIV Offences, Penalties and Legal Proceedings C6
C2C3C4C5157 Persons not to be under liability for contraventions which it was impracticable to avoid or prevent. C1
It shall be a defence in any legal proceedings to recover damages and in any prosecution, in so far as the proceedings or prosecution are or is based on an allegation of a contravention, in relation to a mine F1. . ., of—
a
a provision of this Act, of an order made thereunder or of regulations (not being a provision which expressly provides that a person is to be guilty of an offence); or
b
a direction, prohibition, restriction, or requirement given or imposed by a notice served under or by virtue of this Act by an inspector; or
c
a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by F2the Health and Safety Executive or an inspector;
F3d
a requirement or prohibition imposed by or under such health and safety regulations as are mentioned in subsection (1)(d) or (2)(d) of section 152 of this Act;
to prove that it was impracticable to avoid or prevent the contravention.
Pt. XIV amended by Mines and Quarries (Tips) Act 1969 (c. 10), Sch. 1 para. 7; extended by Mines Management Act 1971 (c. 20), s. 3(2)