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2.—(1) Subject to paragraph (2) of this regulation, a person who sells or supplies an HIV testing kit(1), or any component part of such a kit, to a member of the public shall be guilty of an offence.
(2) A person shall not be guilty of an offence under paragraph (1) above if he proves that, after having exercised all due diligence, he had a reasonable belief that the person to whom he was selling or supplying the kit or component was acting in the course of a business carried on by that person.
Section 23(6) provides that “HIV” means Human Immunodeficiency Virus of any type; and that “HIV testing kit” means a diagnostic kit the purpose of which is to detect the presence of HIV or HIV antibodies.