The Clinical Thermometers (EEC Requirements) Regulations 1993

Use for trade of clinical thermometers where EEC pattern approval has been revoked or has not been extended

11.  –

(1) Where pattern approval for any clinical thermometer ceases to apply by reason of it having been revoked or not extended, or any person who, knowing that the pattern approval has ceased to apply, uses for trade or has in his possession for such use or causes or permits any other person to to use a clinical thermometer of the pattern in question bearing any EEC sign or mark related to the pattern approval, or disposes of any such clinical thermometer to any other person in a state in which it could be so used without informing that other person of the revocation or non–extension, shall be guilty of an offence and the thermometer shall be liable to be forfeited.

(2) For the purposes of this regulation, an EEC sign or mark shall be regarded as related to a pattern approval if it is a sign framed by reference to that pattern approval or a mark of EEC initial verification which was affixed by reference to conformity to the pattern which was the subject of that pattern approval.

(3) A certificate by the Secretary of State stating than an EEC pattern approval granted by a member State other than the United Kingdom has been revoked and thereby ceased to have effect on a date specified shall be conclusive as to the matters certified in any proceedings for an offence under this regulation

(4) For the purposes of paragraph (1) and of regulation 12(2) a clinical thermometer shall not be regarded as bearing an EEC sign or mark if any such sign or mark on the thermometer has been obliterated in accordance with regulation 13.