Part 4: Medical Devices Chapter 3: Enforcement Section 29: Defence of due diligence
Section 29 provides there is a defence of due diligence available to persons charged with an offence under section 28. Due diligence is where a person takes all reasonable steps to avoid committing an offence.
	Subsection (2) and (3) provide that a person cannot, as part of a due diligence defence, claim that the offence was due to either another person’s action/default or to reliance replaced on information provided by another person, unless they have first notified the prosecutor (unless they are allowed to do so by the court). That notification must include any information the defendant has that may assist in identifying the other person. The notification must be served at least 7 days before the hearing of the proceedings.
	Subsection (4) provides that the defendant cannot use the defence of due diligence by claiming they relied on information provided by another person unless they can prove it was reasonable to rely on it. In proving this, the defendant must have regard to the steps taken to verify the information, and if there was any reason to disbelieve the information.
	Subsection (5) explains how references in this section apply to Scotland. This includes setting out that a reference to "the hearing of the proceedings" is to be read as a reference to "the trial diet" in Scotland.