Memorandum from the Department for Work
2002 (S.I. 2002/2676)
1. The Committee considered the Control of Lead at
Work Regulations 2002 at its meeting on 25 November 2002 and requested
a memorandum on the following point:
Explain the omission of a provision (corresponding
to regulation 28 of S.I. 2002/2675 and regulation 21 of S.I. 2002/2677)
that, in proceedings for an offence, it shall be a defence for
any person to prove that he took all reasonable precautions and
exercised all due diligence to avoid the commission of the offence.
2. The Control of Lead at Work Regulations (CLAW)
2002 revoke and reenact CLAW 1998 (S.I. 1998/543).
CLAW 1998 did not contain a due diligence defence in line
with the previous Regulations, CLAW 1980 (S.I. 1980/1248).
The opposite was the case for S.I.s 2002/2675 and 2002/2677 and
the Regulations which they revoked and reenacted. No alteration
as to the availability of the defence was thus made. This was
consistent with the results of a substantial consultation exercise.
29th November 2002