PART 5 Offences and enforcement

20 Defence of due diligence
1 In proceedings against a person for an offence under regulation 17, it is a defence for the person to prove that all reasonable precautions were taken and due diligence was exercised to avoid committing the offence.
2 However, 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, a person (“A”) is not, without leave of the court, entitled to rely on that defence unless A has served on the prosecutor a notice in writing in accordance with paragraph (3) giving such information identifying or assisting in the identification of that other person as was then in A’s possession.
3 The notice must be served—
(a) at least seven clear days before the hearing, and
(b) where A has preciously appeared before a court in connection with the alleged offence, within one month of A’s first such appearance.
Reg. 20 in operation at 31.12.2020, see reg. 1