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The Management of Hedgerows (England) Regulations 2024

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8.—(1) In any proceedings for an offence under regulation 7(1) or (2) it is, subject to paragraph (3), a defence for a person to prove that—

(a)the commission of the offence was due to—

(i)a mistake,

(ii)reliance on information supplied to that person;

(iii)the act or default of another person; or

(iv)an accident or some other cause beyond the control of that person; and

(b)the person took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by themselves or by any person under their control.

(2) A person may not, without leave of the court, seek to rely on a defence under paragraph (1)(a)(ii) or (iii) unless that person has served on the Regulator a notice giving the Regulator any information that the person may have to identify or assist in identifying that other person—

(a)at least seven clear days before the hearing; and

(b)where the accused has previously appeared before the court in connection with the alleged offence, within one month of the first such appearance.

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