Article 10 Defence for Council in relation to certain offences

In any proceedings for an offence under sections 6, 9, and 10 of the 1983 Act as applied to this Order, it shall be a defence for the Council to prove that they took all reasonable precautions and exercised all due diligence to avoid commission of such an offence.

If in any case the defence made under paragraph (1) above involves an 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, within a period ending seven clear days before the hearing, they have served on the prosecution a notice in writing giving such information as was then in their possession identifying or assisting in the identification of that other person.