Offences
I110Prohibition of activities without consent
1
A person commits an offence if the person does, without consent, a transplantation activity in Wales.
2
But a person does not commit an offence under subsection (1) if—
a
the person reasonably believes—
i
that he or she does the activity with consent, or
ii
that what he or she does is not a transplantation activity;
b
section 3(3) (imported material) applies;
c
section 13(1) (preservation for transplantation) applies.
3
A person (“P”) commits an offence if, in Wales—
a
P falsely represents to a person whom P knows or believes is going to, or may, do a transplantation activity—
i
that there is consent to the doing of the activity, or
ii
that the activity is not a transplantation activity, and
b
P knows that the representation is false or does not believe it to be true.
4
A person guilty of an offence under this section is liable—
a
on summary conviction to a fine not exceeding the statutory maximum;
b
on conviction on indictment—
i
to imprisonment for a term not exceeding 3 years, or
ii
to a fine, or
iii
to both.
5
In this section “consent” means the consent required by virtue of section 3.