19U.K.Regulations under section 49 may provide for the creation of a criminal offence only if the regulations also provide for either or both of the following in relation to the offence—
(a)a mental element necessary for its commission;
(b)a defence to it (for example, a defence grounded on a person's knowledge or belief, or a defence that a person took all reasonable steps and exercised all due diligence).
Commencement Information
I1Sch. 2 para. 19 in force at 31.12.2020 by S.I. 2020/1535, reg. 3(d)