Regulation 20 Defence of due diligence

(1)

In any proceedings against a person (A) for an offence under regulation 19 it is a defence for A to prove—

(a)

that the commission of the offence was due to—

(i)

the act or default of another, or

(ii)

reliance on information given by another, and

(b)

that A took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by A or any person under A's control.

(2)

A person is not entitled to rely on the defence provided by paragraph (1) without leave of the court unless—

(a)

that person has served on the prosecutor a notice in writing giving such information as was in that person's possession identifying or assisting in the identification of the other person; and

(b)

the notice is served on the prosecutor not less than 7 days before the hearing of the proceedings or, in Scotland, 7 days before the intermediate diet or 14 days before the trial diet, whichever is earlier.