Regulation 66 Defence of due diligence

(1)

Subject to paragraphs (2) to (5), in proceedings for an offence under regulation 64 (offences), it is a defence for a person (“P”) to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2)

P may not rely on a defence under paragraph (1) which involves a third party allegation unless P has—

(a)

served a notice in accordance with paragraph (3); or

(b)

obtained the leave of the court.

(3)

The notice referred to in paragraph (2) must—

(a)

give any information in P's possession which identifies or assists in identifying the person who—

(i)

committed the act or default; or

(ii)

supplied the information on which P relied.

(b)

be served on the person bringing the proceedings not less than seven clear days before—

(i)

in England, Wales and Northern Ireland, the hearing of the proceedings;

(ii)

in Scotland, the trial diet.

(4)

P may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for P to have relied upon the information, having regard in particular—

(a)

to the steps that P took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b)

to whether P had any reason to disbelieve the information.

(5)

In this regulation, “third party allegation” means an allegation that the commission of the offence was due—

(a)

to the act or default of another person; or

(b)

to reliance on information supplied by another person.

Notes on the whole SI

Textual amendments

F1: S.I. 1989/1327.
F2: 1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51).
F3: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008.