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Agriculture Act 1970

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Changes over time for: Section 82

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Version Superseded: 08/10/2004

Status:

Point in time view as at 04/10/2004. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Agriculture Act 1970, Section 82. Help about Changes to Legislation

82 Defence of mistake, accident, etc.U.K.

(1)In any proceedings for an offence under any of the following provisions of this Act, namely, sections [F168(1A), (4)(b) and (c)], 69(4)(c), 70(2), 71(2)(b) [F173, 73A and 74A], it shall, subject to subsection (2) of this section, be a defence for the person charged to prove—

(a)that the commission of the offence was due to a mistake, or to reliance on information supplied to him, or to the act or default of another person, or to an accident or some other cause beyond his control; and

(b)that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.

(2)If in any case the defence provided by the foregoing subsection involves the allegation that the commission of the offence was due to the act or default of another person or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he 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 his possession.

Textual Amendments

F1Words in s. 82(1) substituted (E.W.S.) (30.6.1995) by S.I. 1995/1412, reg. 20(3) (with reg. 23) (which S.I. was revoked (E.) (29.10.2000) by S.I. 2000/2481, reg. 26 and (S.) (31.1.2001 except insofar as it made modifications to the 1970 Act) by S.S.I. 2000/453, reg. 26) and (N.I.) (15.1.1996) by S.R. 1995/451, reg. 20(3) (with reg. 23)

Modifications etc. (not altering text)

C1S. 82 applied (with modifications): (E.W.S.) by S.I. 1982/1143, regs. 17(3), 19; (N.I.) by S.R. 1986/67, reg. 19(1); (2.8.1999) by S.I. 1999/1872, reg. 112(1)(2); (2.8.1999) by S.I. 1999.1871, reg. 90(5)(6)

C3S. 82(1) modified (6.5.1998) (N.I.) by S.I. 1998/1049, reg. 96(2)(b)

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