Regulation 335 Contravention due to fault of another personC1

(1)

This regulation applies where—

(a)

a contravention of a provision referred to in paragraph (6) constitutes an offence; and

(b)

a person (“A”) contravenes the provision by reason of the act or omission of another person (“B”).

(2)

B may be charged with and convicted of the offence, whether or not proceedings are also brought against A.

(3)

If B is convicted B is liable to the same punishment as would have been imposed on A if A had been convicted of the offence.

(4)

If A is charged with the offence it is a defence for A to prove on the balance of probabilities that—

(a)

A exercised all due diligence to avoid contravening the provision; and

(b)

the contravention was due to the act or omission of B.

(5)

A may not rely on the defence in paragraph (4) unless not later than seven clear days before the date of the hearing A serves on the prosecutor a notice in writing of any information held by A which identifies, or assists in identifying, B.

(6)

The provisions mentioned in paragraph (1) are—

(a)

regulation 251 (compliance with standards specified in certain publications);

(b)

regulations F1268, 268A, 269 and 269A (offences relating to packaging and package leaflets);

(c)

regulation 273 (child resistant containers for regulated medicinal products);

(d)

regulation 275 (colouring of aspirin and paracetamol products for children);

(e)

any prohibition or requirement in Chapter 2 of Part 14 (advertising); and

(f)

regulations 305(4) and 306(7) and (8) (notices not to publish, or to cease to publish, an advertisement.

Annotations

Textual amendments

F1: Words in reg. 335(6)(b) substituted (31.12.2020) by S.I. 2019/775, reg. 224ZA (as inserted by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1488), reg. 1, Sch. 2 para. 183)

Modifications

C1: Regs. 332-339 applied (with modifications) by The Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031), reg 47(1), Sch. 9 (as substituted (14.8.2012) by S.I. 2012/1916, reg. 1(2), Sch. 34 paras. 57(b), 64 (with Sch. 32))