Regulation 7 Defence of due diligence

(1)

Subject to paragraphs (2) and (4), in proceedings for an offence under this Part it is a defence for the person charged (“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—

(i)

whose act or default is the subject of the third party allegation; or

(ii)

who 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 on the information, having regard in particular to—

(a)

the steps that P took, and those which might reasonably have been taken, for the purposes of verifying the information; and

(b)

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 to—

(a)

the act or default of another person; or

(b)

reliance on information supplied by another person.