The Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996

Defences and enforcement

19.—(1) In any proceedings for an offence for a contravention of any of the provisions of these Regulations and, subject to paragraphs (2) and (3), it shall be a defence for the person charged to prove—

(a) that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called “the other person”); and

(b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(2) The person charged shall not, without leave of the court, be entitled to rely on the defence referred to in paragraph (1) unless, within a period ending seven clear days—

(a) before the hearing to determine mode of trial, where the proceedings are in England or Wales; or

(b) before the trial, where the proceedings are in Scotland,

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.

(3) For the purpose of enabling the other person to be charged with and convicted of the offence by virtue of section 36 of the Health and Safety at Work etc. Act 1974, a person who establishes a defence under this regulation shall nevertheless be treated for the purposes of that section as having committed the offence.

(4) The enforcing authority for these Regulations, other than the provisions specified in paragraph (5), shall—

(a) notwithstanding regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1989(1); and

(b) without prejudice to the operation of those Regulations with regard to the provisions specified in paragraph (5),

be the Executive.

(5) For the purposes of paragraph (4) the specified provisions are as follows—

(a) regulations 14 and 16;

(b) paragraphs 3(b), 4(a) and (d), 5(a) and (c) and 10(b) of Schedule 8; and

(c) regulations 12(3) 13 and 17, insofar as they relate to owners of transportable pressure receptacles.

(1)

S.I. 1989/1903.