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Version Superseded: 05/11/1993
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Anatomy Act 1984, Section 11 is up to date with all changes known to be in force on or before 02 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A person who—
(a)carries out an anatomical examination in contravention of section 2(1), or
(b)has in his possession an anatomical specimen in contravention of section 2(2), or
(c)has in his possession a body or part of a body in contravention of section 5(2),
shall be guilty of an offence.
(2)A person who contravenes a condition attached to a licence granted to him under this Act shall be guilty of an offence.
(3)Where a person is charged with an offence under subsection (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 section 8 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 section to an offence against the regulations shall be construed accordingly.
(5)A person who—
(a)fails without reasonable excuse to comply with section 3(5) or 5(6), or
(b)in purported compliance with section 3(5) or 5(6) compiles a record which he knows is false in a material particular, or
(c)alters a record compiled in compliance with section 3(5) or 5(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 section 10(1), or
(e)intentionally obstructs an inspector in the exercise of his powers under section 10(1) or (2), or
(f)discloses information in contravention of section 10(6),
shall be guilty of an offence.
(6)A person guilty of an offence under subsection (1)
or (2) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale (as defined in section 75 of the M1Criminal Justice Act 1982) or to imprisonment for a term not exceeding 3 months.
(7)Regulations under section 8 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 (as so defined); 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 subsection (5)
shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale (as so defined).
(9)Where an offence under this section or against regulations under section 8 is committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(10)If a person carries out an anatomical examination or has possession of an anatomical specimen or of a body falling within section 5(1) or part of such a body, and the circumstances are such that he commits no offence under subsection (1) or (2) above or against regulations under section 8, he shall be guilty of no other offence of carrying out such examination or having such possession.
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