Rail Safety Act 2008 No 97
Historical version for 1 January 2010 to 31 October 2011 (accessed 20 May 2013 at 19:05) Repealed version

11   Onus of proving limits of what is reasonably practicable under this Division

In any proceedings for an offence against a provision of this Division consisting of a failure to comply with a duty to do something so far as is reasonably practicable, it is for the defendant to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty.
Note. This section is based on section 40 of the Health and Safety at Work etc Act 1974 of the United Kingdom.
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