3. In section 21(1) (penalties and legal proceedings in respect of general provsions as to employment) after subsection (2) insert the following new subsection—
“(2A) Where a person is charged under this section with contravening section 18(1)(j) of this Act the proviso in subsection (1) of this section shall not apply, but it shall be a defence for him to prove that he used all due diligence to secure that section 18(1)(j) should be compiled with”.
Section 21 was amended by the Criminal Justice Act 1982, sections 38 and 46 and by the Employment Act 1989, section 10(2) and Schedule 3, Part III, paragraph 3.