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4.—(1) No person shall place on the market or put into use a relevant instrument unless the following requirements, or the corresponding requirements of the Directive as implemented under the law of another member State, are met—
(a)the instrument is compliant with the essential requirements;
(b)the manufacturer has demonstrated its compliance with the essential requirements in accordance with regulation 5;
(c)the instrument has affixed to it the CE marking, the M marking and the identification number of the notified body which carried out the conformity assessment procedure in respect of the instrument; and
(d)the instrument is put into use in accordance with Part 2 of Schedule 1.
(2) Where a person fails to comply with the requirements of paragraph (1)(a), (b) or (c)—
(a)he shall be guilty of an offence; and
(b)any relevant instrument—
(i)to which the offence relates; and
(ii)which has not been put into use,
shall be liable to be forfeited.
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