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The Biofuel (Labelling) Regulations 2004
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1.—(1) Subject to sub-paragraphs (2) to (4), in proceedings against any person for any offence under these Regulations it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(2) Where in any proceedings F1... against any person for such an offence the defence provided by sub-paragraph (1) above involves an allegation that the commission of the offence was due to—
(a)the act or default of another; or
(b)reliance on information given by another,
that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland the trial diet), he has served a notice under sub-paragraph (3) on the person bringing the proceedings.
(3) A notice under this sub-paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person [F2who is the subject of the proceedings].
(4) A person shall not be entitled to rely on the defence provided by sub-paragraph (1) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular to —
(a)the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
(b)whether he had any reason to disbelieve the information.
Textual Amendments
F1Words in Sch. para. 1(2) omitted (1.2.2006) by virtue of The Biofuel (Labelling) (Amendment) Regulations 2005 (S.I. 2005/3355), regs. 1, 2(2)
F2Words in Sch. para. 1(3) substituted (1.2.2006) by The Biofuel (Labelling) (Amendment) Regulations 2005 (S.I. 2005/3355), regs. 1, 2(3)
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