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.