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Anatomy Act 1984, Section 11 is up to date with all changes known to be in force on or before 08 September 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), F1...
(c)has in his possession a body or part of a body in contravention of section 5(2), [F2or
(d)publicly displays a body or part of a body in contravention of section 6A(1) or (10),]
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)[F3, 5(6) or 6A(12)], or
(b)in purported compliance with section 3(5)[F4, 5(6) or 6A(12)] compiles a record which he knows is false in a material particular, or
(c)alters a record compiled in compliance with section 3(5)[F5, 5(6) or 6A(12)] 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 F6. . . 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 F6. . .; 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 F6. . ..
(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, [F7member,] 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.
[F8(9A)Where an offence under this section or against regulations under section 8 is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a partner or a person who was purporting to act in such capacity, that person, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.
(9B)Where an offence under this section or against regulations under section 8 is committed by an unincorporated association other than a Scottish partnership and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person who is concerned in the management or control of the association or a person who was purporting to act in any such capacity, that person, as well as the unincorporated association, is guilty of the offence and 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.
Textual Amendments
F1Word in s. 11(1) repealed (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(16)(a)(i), 62(2); S.S.I. 2006/251, art. 3
F2S. 11(1)(d) and word inserted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(16)(a)(ii), 62(2); S.S.I. 2006/251, art. 3
F3Words in s. 11(5)(a) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(16)(b), 62(2); S.S.I. 2006/251, art. 3
F4Words in s. 11(5)(b) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(16)(b), 62(2); S.S.I. 2006/251, art. 3
F5Words in s. 11(5)(c) substituted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(16)(b), 62(2); S.S.I. 2006/251, art. 3
F6Words in s. 11(6)(7)(8) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.XIV Group 2.
F7Word in s. 11(9) inserted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(16)(c), 62(2); S.S.I. 2006/251, art. 3
F8S. 11(9A)(9B) inserted (S.) (1.9.2006) by Human Tissue (Scotland) Act 2006 (asp 4), ss. 53(16)(d), 62(2); S.S.I. 2006/251, art. 3
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