Regulation 23 Unauthorised application of EC mark of conformity etc
Subject to paragraph (2) below, any person who, in the case of any instrument,—
save under regulation 11, 12 or 13, affixes any EC mark of conformity, inscription, identification symbol or sticker referred to in the regulation in question to any instrument; or
affixes an EC mark of conformity in contravention of regulation 18; or
forges or counterfeits or in any manner alters or defaces any such mark, inscription, identification symbol, sticker, disqualification sticker or re-qualification sticker; or
removes any such mark, inscription, identification symbol or sticker affixed to an instrument under regulation 11, 12 or 13 or re-qualification sticker and affixes it to any other instrument; or
makes any alteration to the instrument after any such mark, inscription, identification symbol, sticker or re-qualification sticker has been affixed to it in accordance with these Regulations so that the instrument no longer complies with the requirements of the Directive which apply to it,
shall be guilty of an offence.
A person shall not be guilty of an offence under paragraph (1) above by reason solely of the alteration, defacement or removal of any mark, inscription, identification symbol, sticker, disqualification sticker or re-qualification sticker in the course of the adjustment or repair of any instrument by, or by the duly authorised agent of, a person who is a manufacturer, or is regularly engaged in the business of repairing, of instruments.
Any person who supplies, uses for any Schedule 3 application or exposes or offers for supply any instrument which to his knowledge—
bears any EC mark of conformity, inscription, identification symbol, sticker, or re-qualification sticker which is a forgery or counterfeit, or which has been transferred from another instrument, or which has been altered or defaced otherwise than in accordance with these Regulations; or
does not comply with the essential requirements by reason of any alteration made to it after any EC mark of conformity, inscription, identification symbol, sticker, disqualification sticker or re-qualification sticker was affixed to it in accordance with these Regulations,
shall be guilty of an offence.
Any instrument in respect of which an offence under this regulation has been committed, and any implement used in the commission of the offence, shall be liable to be forfeited.
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.