Part 1: Regulatory scheme for automated vehicles Chapter 3: Provision of information by regulated bodies Section 26: Liability of nominated individual
To ensure vehicle safety, the information provided to the Secretary of State must be accurate and relevant information must not be withheld. Having a designated individual responsible for disclosures to Government engenders a culture of accountability. This individual will need to ensure that requirements for disclosure to government are complied with and section 15 makes provision for the identification of this individual.
	This section sets out that, if an ASDE or licensed operator commits an offence in relation to the provision of information (as set out in sections 20 and 24), the ‘nominated individual’ in place at the time of the offence also commits the offence.
	Subsection (2) clarifies that, for the purpose of the offence under subsection (1), a nominated individual is the individual who stands as the nominated person of an ASDE under an authorisation requirement or who stands as the nominated person of a licensed operator under licensing regulations. This ensures that a nominated individual is not liable except to the extent identified in the authorisation requirement or licensing regulations.
	Subsection (3) disapplies the due diligence defences set out in sections 20 and 24 because they apply to regulated bodies (and not individuals). Instead, subsection (4) introduces a due diligence defence for the nominated individual. It sets out that it is a defence for a nominated individual charged with an offence if the individual can prove that they took all reasonable precautions and exercised due diligence to avoid committing the offence.