33Defence to prosecution for occupier left insufficient time in which to discharge duty

33 Defence to prosecution for occupier left insufficient time in which to discharge duty

(1)  In any proceedings for an offence under this Division involving the contravention of a duty by the occupier of a specified building, it is a defence if the defendant establishes that –

(a) in the period leading up to the time of the alleged offence there was a change in the occupancy of the specified building; and

(b) the duty arose in respect of the previous occupier of the specified building; and

(c) that previous occupier had not, by the time of the change in occupancy, discharged the duty fully or at all; and

(d) in the circumstances, the defendant has been left with insufficient time in which to discharge the duty; and

(e) by the time of the alleged offence, the defendant had nevertheless taken reasonable steps towards discharging the duty.

(2)  Nothing in subregulation (1) limits any other defence available to the defendant under these regulations.