Schedule 2, paragraph 19

Regulations under section 49 may provide for the creation of a criminal offence only if the regulations also provide for either or both of the following in relation to the offence— a mental element necessary for its commission; a defence to it (for example, a defence grounded on a person's knowledge or belief, or a defence that a person took all reasonable steps and exercised all due diligence).

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Source: legislation.gov.uk · retrieved 2026-08-30