It shall be a defence in any legal proceedings to recover damages and in any prosecution, in so far as the proceedings or prosecution are or is based on an allegation of a contravention, in relation to a mine F1. . ., of—
(a)a provision of this Act, of an order made thereunder or of regulations (not being a provision which expressly provides that a person is to be guilty of an offence); or
(b)a direction, prohibition, restriction, or requirement given or imposed by a notice served under or by virtue of this Act by an inspector; or
(c)a condition attached to an exemption, consent, approval or authority granted or given under or by virtue of this Act by [F2the Health and Safety Executive] or an inspector;
[F3(d)a requirement or prohibition imposed by or under such health and safety regulations as are mentioned in subsection (1)(d) or (2)(d) of section 152 of this Act;]
to prove that it was impracticable to avoid or prevent the contravention.
Textual Amendments
F1Words in s. 157 omitted (1.1.2000) by S.I. 1999/2024, regs. 1(1), 47(1)(2), Sch. 2 Pt. II
F2Words substituted by virtue of S.I. 1974/2013, Sch. 2 para. 3
F3S. 157(d) inserted by S.I. 1974/2013, Sch. 2 para. 14
Modifications etc. (not altering text)
C1S. 157 excluded (1.4.1989 and 1.4.1994) by S.I. 1988/1729, regs. 1(1)(a)(b), 11, restricted by S.I. 1988/1930, regs. 3, 15, excluded by S.I. 1989/635, reg. 28
C2S. 157 excluded (1.4.1993 except in so far as those regulations apply to mines of tin or tin ore and 1.1.1996 in so far as they do apply to mines of tin or tin ore) by S.I. 1993/302, regs. 1, 21.
C3S. 157 restricted (1.10.1993) by S.I. 1993/1897, reg. 39.
C4S. 157 excluded (1.4.1993) by 1993/208, reg. 40(2).
C5S. 157 excluded (1.1.1994) by 1993/2331, reg. 7.
S. 157 excluded (26.10.1995) by S.I. 1995/2005, reg. 9
S. 157 excluded (28.12.1995) by S.I. 1995/2870, reg. 29
S. 157 excluded (1.12.1999) by S.I. 1999/2463, reg. 16
