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RESEARCH INVOLVING HUMAN EMBRYOS ACT 2002 - SECT 12A

Person not liable for conduct purportedly authorised

  (1)   To avoid doubt, a person is not criminally responsible for a licence offence in respect of particular conduct if:

  (a)   the conduct by the person is purportedly authorised by a provision of a general licence or mitochondrial donation licence; and

  (b)   the licence or the provision is invalid, whether because of a technical defect or irregularity or for any other reason; and

  (c)   the person did not know, and could not reasonably be expected to have known, of the invalidity of the licence or the provision.

  (2)   In this section:

"general licence" includes a purported general licence.

"licence offence" means:

  (a)   for a general licence--an offence against section   10, 10A, 10B or 12; or

  (b)   for a mitochondrial donation licence--an offence against:

  (i)   section   10; or

  (ii)   section   10A, in so far as it applies because of subparagraph   (b)(i) or (ii) of that section; or

  (iii)   section   10B in so far as it applies to a pre - clinical research and training licence, a clinical trial research and training licence or a clinical practice research and training licence; or

  (iv)   section   11, 11A or   12.

"mitochondrial donation licence" includes a purported mitochondrial donation licence.



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