Offences and civil sanctions

Defences
56
1
It is a defence for a person charged with an offence under a provision of this Act to show that the person exercised all due diligence and took all reasonable precautions to avoid committing the offence.
2
A person is taken to have shown that the person exercised all due diligence and took all reasonable precautions to avoid committing the offence if—
a
sufficient evidence of the fact is adduced to raise an issue with respect to it, and
b
the contrary is not proved beyond reasonable doubt.
3
Subsection (1) does not apply to an offence under—
a
section 3(7),
b
section 7(9),
c
section 18(6),
d
section 32(9),
e
section 33(8),
f
section 41(5),
g
section 42(5)
h
section 66(5),
i
Schedule 4, or
j
paragraph 9(5) of Schedule 9.
4
Regulations under this Act that create offences may provide for defences in relation to those offences.
S. 56(4) in force at 26.11.2018 by S.I. 2018/1224, reg. 2(uu)
S. 56(1)-(3) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 95 (with reg. 3)