{
  "url": "https://openlegislation.uk/ionising-radiations-outside-workers-regulations-1993/regulation-8",
  "json_url": "https://openlegislation.uk/ionising-radiations-outside-workers-regulations-1993/regulation-8.json",
  "legislation": "uksi/1993/2379",
  "legislation_title": "The Ionising Radiations (Outside Workers) Regulations 1993",
  "legislation_url": "https://openlegislation.uk/ionising-radiations-outside-workers-regulations-1993",
  "path": "regulation/8",
  "kind": "regulation",
  "number": "8",
  "heading": "Defences under these Regulations",
  "text": "(1) It shall be a defence in any proceedings against an outside undertaking for a breach of a duty under these Regulations for that outside undertaking to show that—\n(a) it had entered into a contract in writing with the operator for him to perform that duty on its behalf; and\n(b) the breach of duty was a result of the operator’s failure to fulfil that contract.\n(2) It shall be a defence in any proceedings against an operator for a breach of a duty under these Regulations for the operator to show that—\n(a) he had entered into a contract in writing with the outside undertaking for it to perform that duty on his behalf; and\n(b) the breach of duty was a result of the outside undertaking’s failure to fulfil that contract.\n(3) The person charged shall not, without leave of the court, be entitled to rely on the defence referred to in paragraph (1) or (2) unless, within a period ending 7 clear days before the hearing, he has served on the prosecutor a notice in writing that he intends to rely on the defence and this notice shall be accompanied by a copy of the contract on which he intends to rely and, if that contract is not in English, an accurate translation of that contract into English.\n(4) For the purpose of enabling the other party to the contract to be charged with and convicted of an offence by virtue of section 36 of the Health and Safety at Work etc. Act 1974, a person who establishes a defence under this regulation shall nevertheless be treated for the purposes of that section as having committed the offence.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1993/2379/regulation/8",
    "retrieved_at": "2026-10-29T13:50:14.961861+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."
}