The Dee Estuary Conservancy Harbour Revision (No. 2) Order 2023

42.—(1) Any person who contravenes or otherwise fails to comply with any of the provisions of this Schedule, or any condition, requirement or prohibition imposed by the conservancy authority or the harbour master in the exercise of the powers conferred upon the authority or harbour master by this Schedule, is guilty of an offence and liable on summary conviction—

(a) to a fine not exceeding level 4 on the standard scale in the case of an offence under paragraph 26 (vessels not to be fumigated without permission);

(b) to a fine not exceeding level 3 on the standard scale in any other case.

(2) Where the commission by any person of an offence under this Schedule is due to the act or default of some other person, that other person is guilty of an offence.

(3) The other person referred to in sub-paragraph (2) may be charged with, and convicted of, the offence by virtue of this paragraph, whether or not proceedings for the offence are taken against any other person.

(4) In any proceedings for an offence under this Schedule, it is a defence for the person charged to prove—

(a) that the person took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence; or

(b) that the person had a reasonable excuse for the act or failure to act alleged to constitute the offence.

(5) If, in any case, the defence provided by sub-paragraph (4)(a) involves the allegation that the commission of the offence was due to the act or default of another person, the person charged is not, without leave of the court, entitled to rely on that defence unless that person satisfies the condition set out in sub-paragraph (6).

(6) The condition referred to in sub-paragraph (5) is that within a period ending seven clear days before the hearing, the person must serve on the conservancy authority a notice in writing giving such information identifying, or assisting in the identification of, the other person as is in the possession of the person charged.