{
  "url": "https://openlegislation.uk/motor-vehicles-refilling-of-air-conditioning-systems-by-service-providers-regulations-2009/regulation-5",
  "json_url": "https://openlegislation.uk/motor-vehicles-refilling-of-air-conditioning-systems-by-service-providers-regulations-2009/regulation-5.json",
  "legislation": "uksi/2009/2194",
  "legislation_title": "The Motor Vehicles (Refilling of Air Conditioning Systems by Service Providers) Regulations 2009",
  "legislation_url": "https://openlegislation.uk/motor-vehicles-refilling-of-air-conditioning-systems-by-service-providers-regulations-2009",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Defence",
  "text": "(1) In proceedings against any person for any offence under these Regulations it shall be a defence for that person to show that he or she took all reasonable steps and exercised all due diligence to avoid committing the offence.\n(2) Where in any proceedings against any person for such an offence the defence provided by paragraph (1) above involves an allegation that the commission of the offence was due to—\n(a) the act or default of another; or\n(b) reliance on information given by another,\nthat person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland the trial diet), he or she has served a notice under paragraph (3) on the person bringing the proceedings.\n(3) A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person who is the subject of the proceedings.\n(4) A person shall not be entitled to rely on the defence provided by paragraph (1) by reason of reliance on information supplied by another, unless that person shows that it was reasonable in all the circumstances to have relied on the information, having regard in particular to—\n(a) the steps which he or she took, and those which might reasonably have been taken, for the purpose of verifying the information; and\n(b) whether he or she had any reason to disbelieve the information.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/2194/regulation/5",
    "retrieved_at": "2026-10-29T03:06:54.608767+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."
}