notice of the intention of the prosecution to produce the certificate as evidence in the proceedings.
(5) Where a certificate of an analyst appointed under subsection (1) is admitted in evidence under subsection (2), the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross-examined as if he had given evidence of the matters stated in the certificate.
Offences by body corporate
42.—(1) Where an offence under this Act has been committed by a body corporate, any person who, at the time of the commission of the offence, was a director, manager, secretary or other similar officer thereof, or who was purporting to act in any such capacity, shall also be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless he proves that—
- (a) the offence was committed without his knowledge, consent or connivance; and
- (b) he had exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
(2) Without limiting the generality of subsection (1), in determining whether a person has exercised all such diligence to prevent the commission of the offence under subsection (1), a court shall have regard to whether the person took any action directed towards ensuring the following (to the extent that the action is relevant to the contravention):
- (a) that the body arranges regular professional assessments of the body’s compliance with this Act;
- (b) that the body implements any appropriate recommendations arising from such an assessment;
- (c) that the body implements an effective system of hazardous or other waste management, where the system is consistent with the environmentally sound management of the waste;
