The Cableway Installations Regulations 2018

Defence of due diligence U.K.

26.—(1) Subject to the following provisions of this regulation, in any proceedings against any person (“P”) for an offence arising under or by virtue of these Regulations it is a defence for P to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2) Where in any proceedings against P for such an offence the defence provided in 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,

P is not, without the leave of the court, entitled to rely on the defence unless, within a period ending seven clear days before the hearing of the proceedings (or in Scotland, the trial diet), P has served a notice under 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 P at the time P serves the notice.

(4) P is not entitled to rely on the defence provided by paragraph (1) by reason of P's reliance on information supplied by another, unless P shows that it was reasonable in all the circumstances for P to have relied on the information, having regard in particular—

(a) to the steps which 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.