Article 23 Defence of due diligence

In proceedings for an offence under articles 12, 14, 15 or 18 above it shall be a defence for the Council to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

If in any case the defence provided under paragraph (1) involves the allegation that the commission of the offence was due to the act or default of another person, the Council shall not, without leave of the court, be entitled to rely on that defence unless, not less than 7 days before the hearing, they have served on the prosecutor a notice in writing giving such information as was then in their possession, identifying or assisting in the identification of, that other person.