The Human Medicines Regulations 2012

Contravention due to fault of another person

335.—(1) This regulation applies where—

(a) a contravention of a provision referred to in paragraph (6) constitutes an offence; and

(b) a person (“A”) contravenes the provision by reason of the act or omission of another person (“B”).

(2) B may be charged with and convicted of the offence, whether or not proceedings are also brought against A.

(3) If B is convicted B is liable to the same punishment as would have been imposed on A if A had been convicted of the offence.

(4) If A is charged with the offence it is a defence for A to prove on the balance of probabilities that—

(a) A exercised all due diligence to avoid contravening the provision; and

(b) the contravention was due to the act or omission of B.

(5) A may not rely on the defence in paragraph (4) unless not later than seven clear days before the date of the hearing A serves on the prosecutor a notice in writing of any information held by A which identifies, or assists in identifying, B.

(6) The provisions mentioned in paragraph (1) are—

(a) regulation 251 (compliance with standards specified in certain publications);

(b) regulations 268 and 269 (offences relating to packaging and package leaflets);

(c) regulation 273 (child resistant containers for regulated medicinal products);

(d) regulation 275 (colouring of aspirin and paracetamol products for children);

(e) any prohibition or requirement in Chapter 2 of Part 14 (advertising); and

(f) regulations 305(4) and 306(7) and (8) (notices not to publish, or to cease to publish, an advertisement.