The Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007

Defences

63.—(1) In any proceedings for an offence of contravening a provision of the regulations listed in Schedule 4, it is a defence for the person charged to prove that he or she took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or herself or by a person under his or her control.

(2) If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged is not, without leave of the Court, entitled to rely on that defence, unless—

(a) at least seven clear days before the hearing; and

(b) where he or she has previously appeared, or been brought, before a court in connection with the alleged offence, within one month of his or her first such appearance,

he or she 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 or her possession.

(3) In any proceedings for an offence of contravening regulation 5(9), it is a defence for the person charged to prove that he or she reasonably believed—

(a) that the disclosure was lawful; or

(b) that the information had already lawfully been made available to the public.