Regulation 5 Due diligence defenceI1

United Kingdom

(1)

In proceedings for an offence under regulation 4(a) or (b), it is a defence for a person (“A”) to show that A made proper use of a due diligence system.

(2)

A may not, without leave of the court, rely on the defence if it involves an allegation that the commission of the offence was due—

(a)

to the act or default of another (“B”), or

(b)

to reliance on information supplied by B,

unless A has served a notice on the person bringing the proceedings in accordance with paragraph (3).

(3)

For the purposes of paragraph (2), the notice must be served—

(a)

in England, Wales or Northern Ireland, not less than seven clear days before the hearing of the proceedings;

(b)

in Scotland, in summary proceedings, not less than seven clear days before the trial diet and, in proceedings on indictment, at or before the first diet.

(4)

The notice must give the information in A’s possession which identifies or assists in identifying B.

(5)

A may not rely on the defence by reason of reliance on information supplied by B unless A shows that it was reasonable in all the circumstances to have relied on the information, having regard in particular—

(a)

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

(b)

to whether A had any reason to disbelieve the information.

Annotations

Commencement

I1: Reg. 5 in force at 3.3.2013, see reg. 1(2)