Defence of due diligence12

1

In any proceedings against any person for an offence under regulation 11(1), it is a defence for that person (“P”) to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence.

2

P may not rely on a defence under paragraph (1) which involves a third party allegation unless P has—

a

served a notice in accordance with paragraph (3), or

b

obtained the leave of the court.

3

The notice must—

a

give any information in P’s possession which identifies or assists in identifying the person who—

i

committed the act or default, or

ii

supplied the information on which P relied, and

b

be served on the person bringing the proceedings not less than 7 clear days before the hearing of the proceedings.

4

P may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for P to have relied upon the information, having regard in particular—

a

to the steps P took, and those which might reasonably have been taken, for the purpose of verifying the information, and

b

to whether P had any reason to disbelieve the information.

5

In this regulation, “third party allegation” means an allegation that the commission of the offence was due—

a

to the act or default of another person, or

b

to reliance on information supplied by another person.