Regulation 9 Offence due to fault of another person
(1)
This regulation applies where a person ““X””—
(a)
commits an offence under regulation 5, or
(b)
would have committed an offence under that regulation but for the defence under regulation 10,
and the commission of the offence, or of what would have been an offence but for X being able to rely on a defence under regulation 10, is due to the act or default of some other person ““Y””.
(2)
Where this regulation applies Y is guilty of the offence, subject to regulation 10.
(3)
Y may be charged with and convicted of the offence by virtue of paragraph (2) whether or not proceedings are taken against X.