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The Food Hygiene (England) Regulations 2006
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- UK Statutory Instruments
- 2006 No. 14
- PART 2
- Regulation 11
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Changes over time for: Section 11
Version Superseded: 31/12/2013
Alternative versions:
- 11/01/2006- Amendment
- 06/04/2013
Point in time - 31/12/2013- Amendment
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Point in time view as at 06/04/2013. This version of this provision has been superseded.
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Defence of due diligenceE+W
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11.—(1) In any proceedings for an offence under these Regulations, it shall, subject to paragraph (2), be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
(2) If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the accused shall not, without leave of the court, be entitled to rely on that defence unless —
(a)at least seven clear days before the hearing; and
(b)where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
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