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The TSE (Scotland) Regulations 2002 (revoked)
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- Scottish Statutory Instruments
- 2002 No. 255
- Part VIII
- Regulation 98
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Changes over time for: Section 98
Version Superseded: 24/11/2006
Alternative versions:
- 19/06/2002- Amendment
- 03/05/2006
Point in time - 24/11/2006- Amendment
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Point in time view as at 03/05/2006. This version of this provision has been superseded.
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Offences due to fault of another person and defence of due diligenceS
98.—(1) Where the commission by any person of an offence under any of the provisions of these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this paragraph of this regulation whether or not proceedings are taken against the first-mentioned person.
(2) In any proceedings for an offence under any of the provisions of these Regulations, it shall, subject to paragraph (3) below, be a defence for the person charged to prove that all reasonable precautions were taken and all due diligence exercised to avoid the commission of the offence by the person charged or by a person under the control of such person.
(3) If in any case the defence provided by paragraph (2) above 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 shall not, without leave of the court, be entitled to rely on that defence unless at the earlier of–
(a)seven clear days before the trial diet; or
(b)one month after the first appearance of that person before a court in connection with the alleged offence,
that person 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 the possession of the person charged.
(4) In paragraph (3) above any reference to appearing before a court shall be construed as including a reference to being brought before a court.
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