Textual Amendments
F1Words in the heading to Sch. 1 inserted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s.2(1)
5[F2(1A)Subject to the provisions of this paragraph, in any proceedings (whether in England and Wales or Scotland) for an offence under section 15A of this Act it shall be a defence for the accused to prove—E+W+S
(a)if the offence is under subsection (3)(a) of that section—
(i)that he purchased the equipment in question as being of a type which could be lawfully sold or offered for sale as conducive to the safety in the event of accident of prescribed classes of children in prescribed classes of motor vehicles and with a written warranty to that effect;
(ii)that he had no reason to believe at the time of the commission of the alleged offence that it was not of such a type; and
(iii)that it was then in the same state as when he purchased it;
(b)if the offence is under subsection (3)(b) of that section, he provided information in relation to the equipment and it is alleged that it did not include appropriate information or included or consisted of inappropriate information—
(i)that the information provided by him was information which had been provided to him with a written warranty to the effect that it was the information required to be provided by him under section 15A of this Act; and
(ii)that he had no reason to believe at the time of the commission of the alleged offence that the information provided by him was not the information required to be provided under that section; or
(c)if the offence is under subsection (3)(b) of that section, he provided information in relation to the equipment and it is alleged that it was not provided in the manner required under that section—
(i)that the information provided by him had been provided to him either with a written warranty to the effect that it was provided to him in the manner in which it was required to be provided by him under that section or with instructions as to the manner in which the information should be provided by him and with a written warranty to the effect that provision in that manner would comply with regulations under that section;
(ii)that he had no reason to believe at the time of the commission of the alleged offence that he was not providing the information in the manner required under that section; and
(iii)that the information was then in the same state as when it was provided to him or, as the case may be, that it was provided by him in accordance with the instructions given to him.]
(1)Subject to the provisions of this paragraph, in any proceedings (whether in England and Wales or Scotland) for an offence under section 17 or 18(4) of this Act it shall be a defence for the accused to prove—
(a)that he purchased the helmet or appliance in question as being of a type which—
(i)in the case of section 17, could be lawfully sold or offered for sale under that section, and
(ii)in the case of section 18(4), could be lawfully sold or offered for sale under section 18 as authorised for use in the manner in question,
and with a written warranty to that effect, and
(b)that he had no reason to believe at the time of the commission of the alleged offence that it was not of such a type, and
(c)that it was then in the same state as when he purchased it.
(2)A warranty is only a defence in any such proceedings if—
(a)the accused—
(i)has, not later than three clear days before the date of the hearing, sent to the prosecutor a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom he received it, and
(ii)has also sent a like notice of his intention to that person, and
(b)in the case of a warranty given by a person outside the United Kingdom, the accused proves that he had taken reasonable steps to ascertain, and did in fact believe in, the accuracy of the statement contained in the warranty.
(3)Where the accused is a servant of the person who purchased the [F3equipment, helmet or appliance in question under a warranty, or to whom the information in question was provided] under a warranty, he is entitled to rely on the provisions of this paragraph in the same way as his employer would have been entitled to do if he had been the accused.
(4)The person by whom the warranty is alleged to have been given is entitled to appear at the hearing and to give evidence and the court may, if it thinks fit, adjourn the hearing to enable him to do so.
Textual Amendments
F2Sch. 1 para. 5(1A) inserted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s. 2(2)
F3Words in Sch. 1 para. 5(3) substituted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s. 2(3)
[F46(1)An accused who in any proceedings for an offence under section 15A, 17 or 18(4) of this Act wilfully applies to equipment, information, a helmet or, as the case may be, an appliance a warranty not given in relation to it is guilty of an offence.E+W+S
(2)A person who, in respect of equipment, a helmet or an appliance sold by him, or information provided by him, being equipment, a helmet, an appliance or information in respect of which a warranty might be pleaded under paragraph 5 of this Schedule, gives to the purchaser a false warranty in writing, is guilty of an offence, unless he proves that when he gave the warranty he had reason to believe that the statements or description contained in it were accurate.
(3)Where the accused in a prosecution for an offence under section 15A, 17 or 18(4) of this Act relies successfully on a warranty given to him or his employer, any proceedings under sub-paragraph (2) above in respect of the warranty may, at the option of the prosecutor, be taken before a court having jurisdiction in the place—
(a)where the equipment, helmet or appliance, or any of the equipment, helmets or appliances, to which the warranty relates was procured;
(b)where the information, or any of it, to which the warranty relates was provided; or
(c)where the warranty was given.]
Textual Amendments
F57E+W+SIn this Schedule, “equipment” means equipment to which section 15A of this Act applies and “appliance” means an appliance to which section 18 of this Act applies.
Textual Amendments