Miscellaneous
Offences13
1
A person who—
a
carries out an anatomical examination in contravention of Article 4(1), or
b
has in his possession an anatomical specimen in contravention of Article 4(2), or
c
has in his possession a body or part of a body in contravention of Article 7(2),
shall be guilty of an offence.
2
A person who contravenes a condition attached to a licence granted to him under this Order shall be guilty of an offence.
3
Where a person is charged with an offence under paragraph (1) or (2), it shall be a defence to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
4
Regulations under Article 10 may provide that a person who without reasonable excuse contravenes any specified provision of the regulations shall be guilty of an offence against the regulations; and references in this Article to an offence against the regulations shall be construed accordingly.
5
A person who—
a
fails without reasonable excuse to comply with Article 5(5) or 7(6), or
b
in purported compliance with Article 5(5) or 7(6) compiles a record which he knows is false in a material particular, or
c
alters a record compiled in compliance with Article 5(5) or 7(6) so that the record becomes to his knowledge false in a material particular, or
d
fails without reasonable excuse to comply with a requirement imposed by virtue of Article 12(1), or
e
intentionally obstructs an inspector in the exercise of his powers under Article 12(1) or (2), or
f
discloses information in contravention of Article 12(6),
shall be guilty of an offence.
6
A person guilty of an offence under paragraph (1) or (2) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 3 months.
7
Regulations under Article 10 may provide that a person guilty of an offence against the regulations shall be liable on summary conviction to a fine not exceeding an amount which is specified in the regulations in relation to the offence concerned and which does not exceed level 3 on the standard scale; and they may further provide that he may instead be liable on summary conviction to imprisonment for a term not exceeding 3 months.
8
A person guilty of an offence under paragraph (5) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
9
If a person carries out an anatomical examination or has possession of an anatomical specimen or of a body falling within Article 7(1) or part of such a body, and the circumstances are such that he commits no offence under paragraph (1) or (2) or against regulations under Article 10, he shall be guilty of no other offence of carrying out such examination or having such possession.