The Maryport Harbour Revision Order 2007

Defence of due diligence

70.—(1) In proceedings for an offence under any provision of this Order mentioned in paragraph (2), it shall be a defence for the defendant to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.

(2) The provisions referred to in paragraph (1) are—

(a) article 22(5);

(b) article 40;

(c) article 41; and

(d) article 44.

(3) If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to the act or default of another person, the defendant shall not, without leave of the court, be entitled to rely on that defence unless, within a period of seven clear days before the hearing, the defendant 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 the defendant’s possession.