{
  "url": "https://openlegislation.uk/folkestone-harbour-revision-order-2017/article-48",
  "json_url": "https://openlegislation.uk/folkestone-harbour-revision-order-2017/article-48.json",
  "legislation": "uksi/2017/601",
  "legislation_title": "The Folkestone Harbour Revision Order 2017",
  "legislation_url": "https://openlegislation.uk/folkestone-harbour-revision-order-2017",
  "path": "article/48",
  "kind": "article",
  "number": "48",
  "heading": "Defence of due diligence",
  "text": "(1) In proceedings for an offence under article 12, 14 or 15, it shall be a defence for the Company to prove that it took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.\n(2) If in any case the defence provided under paragraph (1) involves the allegation that the commission of the offence was due to the act or default of another person, the Company shall not, without leave of the court, be entitled to rely on that defence unless, not less than 7 clear days before the hearing, it has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in its possession.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 48 in force at 1.8.2017, see art. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2017/601/article/48",
    "retrieved_at": "2026-10-28T23:10:57.007725+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}