C1C2C3C4Part 4Marine licensing
Pt. 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)
Pt. 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)
Pt. 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)
Chapter 5Supplementary
Offences: supplementary provision
I1109General defence of due diligence
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.
Pt. 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)