# Mines Act (Northern Ireland) 1969, Section 134: Defence available to person charged with offence not committed personally.


In any proceedings under this Act which, by virtue of section 130(1), are taken against a person in respect of the contravention by a person other than himself of—
(a) a provision of the Act, of an order made thereunder or of regulations, being a provision which expressly imposes on that other person or on persons of a class to which, at the time of the contravention, he belonged, a duty or requirement or expressly prohibits him or persons of such a class or all persons from doing a specified act; or
(b) a prohibition, restriction or requirement which by virtue of a notice served under or by virtue of this Act by the Executive or an inspector is expressly imposed on that other person; [ or
(c) a requirement or prohibition imposed by or under health and safety regulations which expressly apply to all mines, any class of mine or a particular mine being a requirement expressly imposed on that person or on persons of a class to which, at the time of the contravention, he belonged, or a prohibition expressly imposed on him or on persons of such class or on all persons from doing a specified act;]
it shall be a defence for the person charged to prove that he used all due diligence to secure compliance with the provision, prohibition, restriction or requirement, as the case may be.

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Source: https://www.legislation.gov.uk/apni/1969/6/section/134 (the official version)
Page: https://openlegislation.uk/mines-act-northern-ireland-1969/section-134
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.