- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
8.—(1) In any proceedings for an offence under these Regulations, it is a defence for the person charged (in this Regulation, “the person”) to prove that all due diligence was exercised to avoid the commission of the offence.
(2) Paragraph (3) applies if the defence provided by paragraph (1) above involves the allegation that the commission of the offence was due to the act or omission of another person (in this Regulation, “the other person”).
(3) Where this paragraph applies, the person is not entitled to rely on the defence provided by paragraph (1) unless the person has–
(a)leave of the court; or
(b)served on the prosecutor written notice giving information identifying, or which assists in identifying, the other person.
(4) The notice referred to in paragraph (3)(b) must only give information in the possession of the person at the time the person was charged.
(5) The notice in paragraph (3)(b) must be served–
(a)at least seven clear days before the hearing; or
(b)where the person has previously appeared before a court in connection with the alleged offence, within one month of that first appearance.
(6) In paragraph (5)(b), the reference to appearing before a court includes a reference to being brought before a court.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: