Provisions as to liability
21. Nothing in the relevant statutory provisions shall operate so as to afford an employer a defence in any criminal proceedings for a contravention of those provisions by reason of any act or default of—
(a)an employee of his, or
(b)a person appointed by him under regulation 7.
Regulation 21 does not preclude an employer from relying on employees’ acts or defaults when proving that all reasonably practicable steps were taken. The reasonable-practicability qualification is part of the primary duty, rather than a defence to which the regulation applies. (see paras [28]; [31]; [32])
Limits the availability of a defence based on an employee’s act or default in criminal proceedings for contravention of the relevant statutory provisions. The court held that witness evidence concerning the systems and any employee default could properly be considered. (see paras [3], [31], [38])
The court confirmed that an employer cannot rely on an employee’s act or default as a defence to a prosecution under the relevant statutory provisions. The provision was also relevant to the admissibility and significance of evidence concerning the defendants’ systems and employee conduct. (see paras [3], [38])
What each judgment says about regulation 21 is in the case-law panel in the full Regulations.