Regulation 20 Unauthorised use of mark of conformity

(1)

Subject to paragraph (2) below, any person who, in respect of any item of equipment–

(a)

save as provided under regulations 13 to 17 above, affixes to it the mark of conformity or identification number or symbol referred to in the said regulations;

(b)

affixes a mark of conformity in contravention of regulation 18 above;

(c)

forges or counterfeits or in any other manner alters or defaces any mark of conformity or identification number or symbol affixed in accordance with these Regulations;

(d)

removes any mark of conformity or identification number or symbol affixed in accordance with these Regulations; or

(e)

makes any alteration to the equipment after a mark of conformity or identification number or symbol has been affixed to it in accordance with these Regulations so that the equipment no longer complies with the applicable international standards,

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 alteration, defacement or removal of a mark of conformity or identification symbol or number in the course of the adjustment or repair of any item of equipment by, or by the duly authorised agent of, a person who is a manufacturer of such equipment or is regularly engaged in the business of the repair of such equipment.

(3)

Any person who places on the market, supplies, or exposes or offers for supply, an item of equipment which to his knowledge–

(a)

bears a mark of conformity or identification number or symbol which is a forgery or counterfeit, or which has been transferred from another item of equipment, or which has been altered or defaced otherwise than in accordance with these Regulations; or

(b)

does not comply with the applicable international standards by reason of any alteration made to it after any mark of conformity or identification number or symbol was affixed to it in accordance with these Regulations,

shall be guilty of an offence.

(4)

Any equipment in respect of which an offence under this regulation has been committed shall be liable to be forfeited.

(5)

References in this regulation to other provisions of these Regulations include references to corresponding provisions under the laws of a member State other than the United Kingdom.