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3.—(1) After Article 13 of the 1981 Order there shall be inserted the following Article—
13A.—(1) Subject to paragraph (2), an approved verifier who is the manufacturer of any equipment to which Article 9 applies may apply the prescribed stamp to the equipment, notwithstanding that it has not been passed as fit for use for trade, if he is satisfied on reasonable grounds that it will not be used (whether for trade or otherwise) unless either—
(a)the equipment has been passed as fit for use for trade; or
(b)the stamp has been destroyed, obliterated or defaced.
(2) A prescribed stamp shall not be applied under paragraph (1) unless the stamp includes the approved verifier's number.
(3) If any person contravenes paragraph (2), he shall be guilty of an offence and any equipment in respect of which the offence was committed shall be liable to be forfeited.
(4) A prescribed stamp which has been duly applied to any equipment under paragraph (1) shall have effect as follows—
(a)at any time before the equipment is passed as fit for use for trade, as an indication that, at the time when the stamp was applied, the approved verifier was satisfied as mentioned in paragraph (1); and
(b)at any time after the equipment is so passed, as evidence of the passing of the equipment as fit for such use.
(5) Where equipment to which a prescribed stamp has been duly applied under paragraph (1) is passed as fit for use for trade, nothing in Article 9(3)(b) or (3A)(b) shall require another such stamp to be applied to it.
(6) Where the approved verifier fails to pass as fit for use for trade equipment to which a prescribed stamp has been applied under paragraph (1), he may destroy, obliterate or deface the stamp—
(a)in any case where there is a prescribed manner of doing so, in that manner; and
(b)in any other case, in such reasonable manner as will leave no doubt that the stamp has been intentionally destroyed, obliterated or defaced.
(7) References in paragraphs (4) to (6) to prescribed stamps which have been applied do not include references to such stamps which have subsequently been destroyed, obliterated or defaced.”.
(2) In Article 2(2) of the 1981 Order (interpretation), in the definition of “stamp”, after the word “means” there shall be inserted the words “, subject to Article 13A(4),”.
(3) In Article 47(1) of the 1981 Order (penalties), after “13(4),” there shall be inserted “13A(3),”.
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