OpenLegislation

Regulation 12 DefencesI1

Scotland

It is a defence for an appropriate person charged with an offence under regulation 11(1)(a) or (b) to show that—

(a)

the acts or failures alleged to constitute the offence were a result of natural causes or force majeure which are exceptional or could not reasonably have been foreseen; or

(b)

the person does not own, manage, maintain or is not otherwise responsible for the artificial structure in relation to which the remedial measures notice or variation notice was served.

Annotations

Commencement

I1

Reg. 12 in force at 1.4.2016, see reg. 1