Regulation 10 Duty to conform with safety case
Where a person has had accepted a safety case pursuant to these Regulations, he shall ensure that the procedures and arrangements described in the safety case and any revision thereof are followed.
In criminal proceedings for a contravention of paragraph (1) it shall be a defence for the accused to prove that—
in the particular circumstances of the case it was not in the best interests of the health and safety of persons to follow the procedures or arrangements concerned and there was insufficient time to revise the safety case pursuant to regulation 7; or
the commission of the offence was due to a contravention by another person of regulation 11 and the accused had taken all reasonable precautions and exercised all due diligence to ensure that the procedures or arrangements were followed.