PART 2Information requirements
CHAPTER 2Offences
Defence of due diligence20.
(1)
In any proceedings against a person (A) for an offence under regulation 19 it is a defence for A to prove—
(a)
that the commission of the offence was due to—
(i)
the act or default of another, or
(ii)
reliance on information given by another, and
(b)
that A took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by A or any person under A’s control.
(2)
A person is not entitled to rely on the defence provided by paragraph (1) without leave of the court unless—
(a)
that person has served on the prosecutor a notice in writing giving such information as was in that person’s possession identifying or assisting in the identification of the other person; and
(b)
the notice is served on the prosecutor not less than 7 days before the hearing of the proceedings or, in Scotland, 7 days before the intermediate diet or 14 days before the trial diet, whichever is earlier.