Proceedings in Great BritainE+W+S
5(1)Subject to the provisions of this paragraph, in any proceedings (whether in England and Wales or Scotland) for an offence under section 17 or 18(4) of this Act it shall be a defence for the accused to prove—
(a)that he purchased the helmet or appliance in question as being of a type which—
(i)in the case of section 17, could be lawfully sold or offered for sale under that section, and
(ii)in the case of section 18(4), could be lawfully sold or offered for sale under section 18 as authorised for use in the manner in question,
and with a written warranty to that effect, and
(b)that he had no reason to believe at the time of the commission of the alleged offence that it was not of such a type, and
(c)that it was then in the same state as when he purchased it.
(2)A warranty is only a defence in any such proceedings if—
(a)the accused—
(i)has, not later than three clear days before the date of the hearing, sent to the prosecutor a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom he received it, and
(ii)has also sent a like notice of his intention to that person, and
(b)in the case of a warranty given by a person outside the United Kingdom, the accused proves that he had taken reasonable steps to ascertain, and did in fact believe in, the accuracy of the statement contained in the warranty.
(3)Where the accused is a servant of the person who purchased the helmet or appliance in question under a warranty, he is entitled to rely on the provisions of this paragraph in the same way as his employer would have been entitled to do if he had been the accused.
(4)The person by whom the warranty is alleged to have been given is 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.
6(1)An accused who in any proceedings for an offence under section 17 or 18(4) of this Act wilfully applies to a helmet or, as the case may be, appliance a warranty not given in relation to that helmet or appliance is guilty of an offence.
(2)A person who, in respect of a helmet or appliance sold by him, being a helmet or appliance in respect of which a warranty might be pleaded under paragraph 5 of this Schedule, gives to the purchaser a false warranty in writing, is guilty of an offence, unless he proves that when he gave the warranty he had reason to believe that the statements or description contained in it were accurate.
(3)Where the accused in a prosecution for an offence under section 17 or 18 (4) of this Act relies successfully on a warranty given to him or his employer, any proceedings under sub-paragraph (2) above in respect of the warranty may, at the option of the prosecutor, be taken either—
(a)before a court having jurisdiction in the place where the helmet or appliance, or any of the helmets or appliances, to which the warranty relates was procured, or
(b)before a court having jurisdiction in the place where the warranty was given.
7In this Schedule, “appliance” means an appliance to which section 18 of this Act applies.