Reasonable excuse
9(1)Liability to a penalty under this Schedule does not arise if there is a reasonable excuse for the failure.
(2)For the purposes of this paragraph—
(a)an insufficiency of funds is not a reasonable excuse unless attributable to events outside the person’s control,
(b)if the person relies on any other person to do anything, that is not a reasonable excuse unless the first person took reasonable care to avoid the failure,
(c)if the person had a reasonable excuse for the failure but the excuse has ceased, the person is to be treated as having continued to have the excuse if the failure is remedied without unreasonable delay after the excuse ceased,
(d)reliance on legal advice is to be taken automatically not to constitute a reasonable excuse where the person is a monitored promoter if either—
(i)the advice was not based on a full and accurate description of the facts, or
(ii)the conclusions in the advice that the person relied on were unreasonable, and
(e)reliance on legal advice is to be taken automatically not to constitute a reasonable excuse in the case of a penalty for failure to comply with section 258, if the advice was given or procured by the monitored promoter mentioned in subsection (1) of that section.