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.