31.—(1) In proceedings for an offence under these Regulations in Scotland it is a defence for the accused to prove that they took all reasonable steps and exercised all due diligence to avoid committing the offence.
(2) In proceedings for an offence under these Regulations in the remainder of the United Kingdom it is a defence for the defendant to prove that they took all reasonable steps and exercised all due diligence to avoid committing the offence.
(3) A person may not rely on a defence that involves an allegation that the commission of the offence was due to the act or default of another person unless—
(a)in Scotland at least seven clear days before the trial diet the accused has given to the procurator fiscal a notice in writing giving such information identifying or assisting in the identification of the other person as was then in their possession;
(b)in the remainder of the United Kingdom at least seven clear days before the hearing the defendant has given to the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in their possession; or
(c)the court grants them leave.