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The Plant Protection Products (Scotland) Regulations 2005
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- Scottish Statutory Instruments
- 2005 No. 331
- Regulation 23
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General defence of due diligence
23.—(1) In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(2) Without prejudice to the generality of paragraph (1) above, a person is to be taken to have established the defence provided by that paragraph if that person proves–
(a)that they acted under instructions given by the employer of that person; or
(b)that they acted in reliance on information supplied by another person without any reason to suppose that the information was false or misleading,
and in either case that they took all such steps as were reasonably open to them to ensure that no offence would be committed.
(3) If in any case the defence provided by paragraph (1) above involves an allegation that the commission of the offence was due to an act or omission by another person, other than the giving of instructions to the person charged with the offence by the employer of that person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless within a period ending seven clear days before the trial diet, that person has served on the prosecutor a notice giving such information identifying or assisting in the identification of that other person as was then in the possession of that person.
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