The Dee Estuary Conservancy Harbour Revision (No. 2) Order 2023

Defence of due diligence

37.—(1) In proceedings for an offence under any provision of this Order mentioned in paragraph (2), it is a defence for the conservancy authority to prove that it took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

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

(a) article 31 (lights on tidal works during construction),

(b) article 32 (provision against danger to navigation), and

(c) article 35 (permanent lights on tidal works).

(3) Where the defence provided by paragraph (1) involves an allegation that the commission of the offence was due to the act or default of another person, the conservancy authority is not, without permission of the court, entitled to rely on that defence unless, within a period of seven clear days before the hearing, it has served on the prosecutor a notice in writing giving such information as is in its possession identifying, or assisting in the identification of, that other person.