Modifications etc. (not altering text)
C1Pt. 4 excluded (E.W.S.) (11.3.2015) by The Dogger Bank Creyke Beck Offshore Wind Farm Order 2015 (S.I. 2015/318), arts. 1, 8(6) (with arts. 40, 41, Pt. 2 para. 4(2), Pt. 2 para. 4(3), Pt. 2 para. 19, Pt. 4 para. 3, Pt. 4 para. 4, Pt. 4 para. 16, Sch. 12 paras. 4, 9(2), 10)
C2Pt. 4 excluded (E.W.S.) (26.8.2015) by The Dogger Bank Teesside A and B Offshore Wind Farm Order 2015 (S.I. 2015/1592), arts. 1, 8(7) (with arts. 40, 41)
C3Pt. 4 modified (E.W.S.) (7.9.2016) by The Hornsea Two Offshore Wind Farm Order 2016 (S.I. 2016/844), arts. 1(2), 36 (with arts. 37, 38)
C4Pt. 4 modified (E.W.S.) (15.9.2016) by The River Humber Gas Pipeline Replacement Order 2016 (S.I. 2016/853), arts. 1, 39 (with art. 43)
C5Pt. 4 modified (E.W.S.) (22.1.2021) by The Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656), arts. 1, 31 (with arts. 40, 41, Sch. 9 Pt. 5 para. 18)
C6Pt. 4 applied (E.W.S) (1.1.2022) by The Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414), arts. 1, 32 (with arts. 41, 42, Sch. 17 para. 66)
C7Pt. 4 applied (E.W.S.) (5.3.2022) by The Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138), arts. 1, 32 (with arts. 41, 42, Sch. 16)
C8Pt. 4 modified (E.W.S.) (29.12.2022) by The Keadby 3 (Carbon Capture Equipped Gas Fired Generating Station) Order 2022 (S.I. 2022/1396), arts. 1, 39 (with art. 32, Sch. 10 paras. 26(2), 68)
(1)In any proceedings for an offence under this Part, it is a defence for the person charged (“the defendant”) to prove that the defendant took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(2)The defence provided by subsection (1) is to be taken to be established if the defendant—
(a)acted under an employer's instructions,
(b)did not know and had no reason to suppose that the acts done constituted a contravention of the provision in question, and
(c)took all such steps as reasonably could be taken to ensure that no offence would be committed.
(3)The defence provided by subsection (1) is to be taken to be established if the defendant—
(a)acted in reliance on information supplied by another person,
(b)did not know and had no reason to suppose that the information was false or misleading, and
(c)took all such steps as reasonably could be taken to ensure that no offence would be committed.
(4)Subsections (2) and (3) do not affect the generality of subsection (1).
(5)If in any case the defence provided by subsection (1) involves the allegation that the commission of the offence was due to—
(a)an act or default of another person (other than the giving of instructions to the defendant by an employer), or
(b)reliance on information supplied by another person,
the defendant is not, without leave of the court, entitled to rely on that defence unless the requirement in subsection (6) is satisfied.
(6)The requirement is that—
(a)at least seven clear days before the hearing, and
(b)if the defendant has previously appeared before a court in connection with the alleged offence, within one month of the first such appearance,
the defendant has served on the prosecutor a notice giving such information identifying or assisting in the identification of that other person as was then in the defendant's possession.
Commencement Information
I1S. 109 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)
Proceedings for an offence under this Part may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of the United Kingdom.
Commencement Information
I2S. 110 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a)