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The Motor Vehicles (Replacement of Catalytic Converters and Pollution Control Devices) Regulations 2009

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This is the original version (as it was originally made).

Defence

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2.—(1) In proceedings against any person for any offence under these Regulations it shall be a defence for that person (P) to show that all reasonable steps were taken and all due diligence exercised by P to avoid committing the offence.

(2) Where in any proceedings for such an offence the defence provided by sub-paragraph (1) involves an allegation that the commission of the offence was due to—

(a)the act or default of another, or

(b)reliance on information given by another,

P shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland the trial diet), a notice has been served by P under sub-paragraph (3) on the person bringing the proceedings.

(3) A notice under this sub-paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of P.

(4) P shall not be entitled to rely on the defence provided by sub-paragraph (1) by reason of reliance on information supplied by another, unless P shows that it was reasonable in all the circumstances to have relied on the information, having regard in particular to—

(a)the steps which P took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b)whether P had any reason to disbelieve the information.

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