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8.—(1) Subject to paragraph (2) below, any person who, in the case of any tank—
(a)not being an inspector or a person acting under the authority of an inspector, marks in any manner any plug, seal or plate used or designed for use for the reception of the sealing mark; or
(b)forges, counterfeits or except in accordance with regulation 7, in any way alters or defaces the sealing mark; or
(c)removes any sealing mark and inserts it into another tank; or
(d)makes any alteration in the tank after the sealing mark has been affixed to it in accordance with these regulations so that it no longer complies with the particulars included in the certificate and any documents annexed thereto;
shall be guilty of an offence.
(2) A person shall not be guilty of an offence under paragraph (1) above by reason solely of the destruction or obliteration of any sealing mark, plug, seal or plate in the course of the adjustment or repair of a tank by, or by the duly authorised agent of, a person who is a manufacturer of, or regularly engaged in the business of repairing, tanks.
(3) Any person who uses, sells or exposes or offers for sale any vessel in which there is a tank which to his knowledge—
(a)bears a sealing mark which is a forgery or counterfeit, or which has been transferred from another tank, or which has been altered or defaced otherwise than under regulation 7 or as permitted by virtue of paragraph (2) above; or
(b)does not comply with the requirements of the Directive by reason of any alteration made in it after the sealing mark was applied to it in accordance with these regulations;
shall be guilty of an offence.
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