PART 2Offences, Penalties and Enforcement
Defence of due diligence23
1
In proceedings for an offence under these Regulations, it is a defence for a person to show that they took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
A person is not, without the leave of the court, entitled to rely on the defence if it involves an allegation that the commission of the offence was due—
a
to the act or default of another; or
b
to reliance on information supplied by another;
unless, not less than seven clear days before the hearing of the proceedings (in England, Wales and Northern Ireland), or the trial diet (in Scotland), the person has served a notice on the person bringing the proceedings.
3
The notice must give the information in the possession of the person (“A”) serving the notice which identifies or assists in identifying the person (“B”) who—
a
committed the act or default; or
b
supplied the information which was relied on.
4
A may not rely on the defence by reason of reliance on information supplied by B, unless A shows that it was reasonable in all the circumstances to have relied on the information, having regard in particular—
a
to the steps that A took and those which might reasonably have been taken for the purpose of verifying the information; and
b
to whether A had any reason to disbelieve the information.