PART V MISCELLANEOUS
Defence22
1
In any proceedings for an offence for a contravention of any of the provisions of regulations 5 and 6 it shall, subject to paragraphs (2) and (3), be a defence for the person charged to prove—
a
that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called “the other person"); and
b
that he took all reasonable precautions, and exercised all due diligence, to avoid the commission of the offence.
2
The person charged shall not, without the leave of the court, be entitled to rely on the defence in paragraph (1) unless, within a period ending seven clear days—
a
before the hearing to determine mode of trial, where the proceedings are in England or Wales; or
b
before the trial, where the proceedings are in Scotland,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.
3
For the purpose of enabling the other person to be charged with and convicted of the offence by virtue of section 36 of the 1974 Act, a person who establishes a defence under this regulation shall nevertheless be treated for the purposes of that section as having committed the offence.