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The Food Hygiene (Wales) Regulations 2005

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Defence of due diligence

11.—(1) In any proceedings for an offence under these Regulations, it is, subject to paragraph (2), a defence for the accused to prove that he or she took all reasonable precautions and exercised all due diligence to avoid the commission of the offence whether by the accused or a person under the accused’s control.

(2) If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the accused will not, without leave of the court, be entitled to rely on that defence unless —

(a)at least seven clear days before the hearing; and

(b)where the accused has previously appeared before a court in connection with the alleged offence, within one month of the accused’s first such appearance,

the accused has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his or her possession.

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