SCHEDULES

C1SCHEDULE 10Provisions relating to offences

Annotations:
Modifications etc. (not altering text)

Onus of proving limits of what is practicable etc

I1C111

1

This paragraph applies if regulations under this Part create an offence consisting of—

a

a failure to comply with a duty or requirement to do something so far as practicable (or reasonably practicable), or

b

a failure to use the best means do something.

2

The regulations may provide that it is for the defendant to prove that—

a

it was not practicable (or reasonably practicable) to do more than was in fact done to satisfy the duty or requirement, or

b

there was no better practicable means than was in fact used to satisfy the duty or requirement.