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The Non-automatic Weighing Instruments Regulations 2016
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- UK Statutory Instruments
- 2016 No. 1152
- PART 9
- Regulation 74
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There are currently no known outstanding effects for the The Non-automatic Weighing Instruments Regulations 2016, Section 74.
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Defence of due diligenceU.K.
This section has no associated Explanatory Memorandum
74.—(1) In proceedings against a person for an offence under these Regulations (other than regulation 71(3)), it shall be a defence for that person to show that that person took all reasonable steps and exercised all due diligence to avoid committing the offence.
(2) Where, in proceedings against a person for such an offence, the defence provided by 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, not less than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), that person has served a notice in accordance with paragraph (3) on the person bringing the proceedings.
(3) A notice under this regulation must 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 that person serves it.
(4) A person shall not be entitled to rely on the defence provided by paragraph (1) by reason of reliance on information supplied by another, unless that person shows it was reasonable in all the circumstances for that person to have relied on the information, having regard in particular to—
(a)the steps which that person took, and those which might reasonably have been taken, for the purpose of verifying the information; and
(b)whether that person had any reason to disbelieve the information.
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