took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
Onus of proving limits of what is practicable or reasonably practicable
34. In any proceedings for an offence under this Order consisting of a failure to comply with a duty or requirement so far as is practicable or so far as is reasonably practicable, it is for the accused to prove that it was not practicable or reasonably practicable to do more than was in fact done to satisfy the duty or requirement.
Appeals
35.—(1) A person on whom an alterations notice, an enforcement notice, a prohibition notice or a notice given by the fire and rescue authority under article 37 (fire-fighters’ switches for luminous tube signs) is served may, within 21 days from the day on which the notice is served, appeal to the court.
(2) On an appeal under this article the court may either cancel or affirm the notice, and if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.
(3) Where an appeal is brought against an alterations notice or an enforcement notice, the bringing of the appeal has the effect of suspending the operation of the notice until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal.
(4) Where an appeal is brought against a prohibition notice, the bringing of the appeal does not have the effect of suspending the operation of the notice, unless, on the application of the appellant, the court so directs (and then only from the giving of the direction).
(5) In this article “the court” means a magistrates’ court.
(6) The procedure for an appeal under paragraph (1) is by way of complaint for an order, and—
- (a) the Magistrates’ Courts Act 1980(a)[1] applies to the proceedings; and
- (b) the making of the complaint is deemed to be the bringing of the appeal.
(7) A person aggrieved by an order made by a magistrates’ court on determining a complaint under this Order may appeal to the Crown Court; and for the avoidance of doubt, an enforcing authority may be a person aggrieved for the purposes of this paragraph.
Determination of disputes by Secretary of State
36.—(1) This article applies where—
- (a) a responsible person or any other person mentioned in article 5(3) has failed to comply with any provision of this Order or of any regulations made under it; and
- (b) the enforcing authority and that person cannot agree on the measures which are necessary to remedy the failure.
(2) Where this article applies, the enforcing authority and the person referred to in paragraph (1)(a) may agree to refer the question as to what measures are necessary to remedy the failure referred to in paragraph (1)(a) to the Secretary of State for his determination.
(3) The Secretary of State may, by notice in writing to both parties, require the provision of such further information, including plans, specified in the notice, within the period so specified, as the Secretary of State may require for the purpose of making a determination.
(4) If the information required under paragraph (3) is not provided within the period specified, the Secretary of State may refuse to proceed with the determination.
(5) Where the Secretary of State has made a determination under this article, the enforcing authority may not, subject to paragraph (6), take any enforcement action the effect of which would
- ↑ (a) 1980 c. 43.
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