(9) Subject to subsection (10), in any proceedings for an offence under subsection (7), it shall be a defence for the person charged to prove—
- (a) that he took all reasonable steps to discharge his duty under subsection (1) or (4), as the case may be; or
- (b) that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(10) If in any proceedings for an offence under subsection (7), the defence involves acting on information supplied by an electricity licensee or a licensed cable detection worker, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within 14 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information as was then in his possession identifying or assisting in the identification of the person who supplied him with the information.
Powers of Authority in relation to cable detection work
81.—(1) The Authority may—
- (a) grant a cable detection work licence permitting a person to perform such cable detection work as is specified in the licence and suspend, cancel, alter, extend, renew or replace any such licence;
- (b) classify any cable detection work licence in such manner as it may determine;
- (c) specify the nature of the cable detection work in respect of which a cable detection work licence is granted and restrict such work to any type or class of cable detection work;
- (d) specify the circumstances or manner in which licensed cable detection workers may perform or carry out cable detection work;
- (e) impose any terms, conditions or restrictions on any cable detection work licence;
- (f) require any electricity licensee to conduct approved courses of training, including refresher courses, and provide for examinations for cable detection workers; and
- (g) keep a register of licensed cable detection workers.
