Section 123 Offences in relation to warranties and certificates of analysis.C5C1C2C3C4
United Kingdom
If a defendant in any such proceedings as are mentioned in section 122(1) of this Act wilfully applies to any substance or article—
a warranty given in relation to a different substance or article, or
a certificate issued under F1... paragraph 19 of Schedule 3 to this Act, which relates to a sample of a different substance or article,
he shall be guilty of an offence.
A person who, in respect of any substance or article sold by him in respect of which a warranty might be pleaded under section 122 of this Act, gives to the purchaser a false warranty in writing shall be guilty of an offence, unless he proves that when he gave the warranty he had reason to believe that the statement or description contained in it was accurate.
Where the defendant in any such proceedings as are mentioned in section 122(1) of this Act relies successfully on a warranty given to him or to his employer, any proceedings for an offence under subsection (2) of this section in respect of the warranty may, at the option of the prosecutor, be taken either before a court having jurisdiction in the place where a sample of the substance or article to which the warranty relates was procured, or before a court having jurisdiction in the place where the warranty was given.
Any person guilty of an offence under this section shall be liable—
on summary conviction, to a fine not exceeding £400;
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Annotations
Textual amendments
- F1
Words in s. 123(1)(b) omitted (14.8.2012) by virtue of The Human Medicines Regulations 2012 (S.I. 2012/1916), reg. 1(2), Sch. 34 para. 26 (with Sch. 32)
Modifications
- C1
S. 123 applied (1.1.1995) by S.I. 1994/3142, reg. 18(2)
S. 123 applied (with modifications) (1.1.1995) by S.I. 1994/3144, reg.10, Sch. 4
S. 123 applied (31.3.1997) by S.I. 1997/322, reg. 34, Sch.5
- C2
Ss. 121-125 applied (with modifications) (1.5.2004) by Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031), regs. 1, 47, Schs. 9
- C3
Ss. 121-127 applied (with modifications) (30.10.2005) by Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005 (S.I. 2005/2750), regs. 1(a), 11, Schs. 4 (with Sch. 6)
- C4
Ss. 121-125 amendment to earlier affecting provision SI 2004/1031 reg. 47 Sch. 9 (29.8.2006) by Medicines for Human Use (Clinical Trials) Amendment Regulations 2006 (S.I. 2006/1928), regs. 1(1), 32
- C5
Pt. VIII (ss. 104–136) extended by S.I.s 1982/425, art. 3, 1984/187 art. 2; and extended with modifications by S.I. 1985/403, art. 3(1)
Notes on Part VIII
Modifications
- C1
Pt. VIII (ss. 104–136) extended by S.I. 1982/425, art. 3; and S.I. 1984/187 art. 2; and extended (with modifications) by S.I. 1985/403, art. 3(1)