44. In any proceedings for an offence consisting of a contravention of any of the provisions of these Regulations prior to 1st October 1998, it shall be a defence for the accused to prove that the radioactive material was carried or, in the case of an alleged contravention of regulation 35, intended to be carried before 1st October 1998, in a package, freight container, tank container, tank wagon or wagon in accordance with the Carriage of Dangerous Goods by Rail Regulations (Northern Ireland) 1998(1).