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The Railways (Interoperability) Regulations 2006
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- UK Statutory Instruments
- 2006 No. 397
- PART 6
- Regulation 38
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This version of this provision is prospective.
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Changes and effects yet to be applied to Regulation 38:
- Regulations revoked by S.I. 2011/3066 reg. 47(1)
- reg. 38 coming into force by S.I. 2006/397 reg. 1(3)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 4(9A) inserted by S.I. 2008/1746 reg. 4(4)(c)
- reg. 4A 4B inserted by S.I. 2008/1746 reg. 4(5)
- reg. 11(7) inserted by S.I. 2008/1746 reg. 4(7)
- reg. 12(3)-(6) inserted by S.I. 2008/1746 reg. 4(8)(b)
- reg. 33(1A) inserted by S.I. 2008/1746 reg. 4(9)
Prospective
Defence of due diligenceU.K.
This section has no associated Explanatory Memorandum
38.—(1) Subject to the following provisions of this regulation, in any proceedings against any person for an 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 against any person for such an offence the defence provided in paragraph (1) 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, within a period ending 7 clear days before the commencement of the hearing of the proceedings (or in Scotland, the trial diet), he has served a notice under paragraph (3) on the person bringing the proceedings.
(3) A notice under this 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 serving the notice at the time he serves it.
(4) A person shall not be entitled to rely on the defence provided by 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—
(a)to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
(b)to whether he had any reason to disbelieve the information.
Commencement Information
I1Reg. 38 in force at 2.4.2006, see reg. 1(3)
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