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The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005

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Due diligence defence

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4.—(1) Subject to the following provisions of this regulation, in proceedings against any operating air carrier for an offence under regulation 3 of these Regulations, it shall be a defence for that operating air carrier to show that it took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2) An operating air carrier shall not be entitled to rely on the defence provided by paragraph (1) by reason of its reliance on information supplied by another, unless it shows that it was reasonable in all the circumstances for it to have relied on the information, having regard in particular—

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

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

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