# The Hinkley Point Harbour Empowerment Order 2012, Article 33: Defence of due diligence

Extent: E+W+S

(1) In proceedings for an offence under any of the provisions mentioned in paragraph (2) 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.
(2) The provisions referred to in paragraph (1) are—
(a) article 11 (provision against danger to navigation);
(b) article 13 (lights on tidal works during construction); and
(c) article 14 (permanent lights on tidal works).
(3) If in any case the reliance on the defence provided by 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, before the period of 7 clear days preceding 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.

---
Source: https://www.legislation.gov.uk/uksi/2012/1914/article/33 (the official version)
Page: https://openlegislation.uk/hinkley-point-harbour-empowerment-order-2012/article-33
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.