12.—(1) Subject to paragraph (2) below, any person who, in the case of any instrument—
(a)not being a manufacturer authorised or required to do so under any provision of these Regulations, or the duly authorised agent of any such manufacturer, marks any such instrument with any EEC sign; or
(b)forges, counterfeits or, except in accordance with Regulation 11 above, in any way alters or defaces any EEC sign or mark; or
(c)makes any alteration in the instrument after any EEC sign or mark has been applied to it in accordance with these Regulations, so that it no longer complies with the requirements of the Directive;
shall be guilty of an offence.
(2) Any person who uses, sells or exposes or offers for sale any instrument which to his knowledge—
(a)bears any EEC sign or mark which is a forgery or counterfeit, or which has been transferred from another instrument, or which has been altered or defaced otherwise than under Regulation 11 above or as permitted by virtue of paragraph (1) above; or
(b)does not comply with the requirements of the Directive by reason of any alteration made in it after any EEC sign or mark was applied to it in accordance with these Regulations.
shall be guilty of an offence.
(3) Any instrument in respect of which an offence under this Regulation was committed, and any implement used in the commission of the offence, shall be liable to be forfeited.