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Mental Health (Care and Treatment) (Scotland) Act 2003

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This is the original version (as it was originally enacted).

318False statements

This section has no associated Explanatory Notes

(1)A person who—

(a)knowingly makes, in a relevant document, an entry or statement which is false in a material particular; or

(b)with intent to deceive, makes use of any such entry or statement knowing it to be false,

shall be guilty of an offence.

(2)For the purposes of subsection (1) above, a “relevant document”—

(a)is—

(i)an application under this Act;

(ii)a document accompanying any such application; or

(iii)any other document required or authorised to be granted, prepared, sent or given for any of the purposes of this Act; but

(b)does not include—

(i)a nomination of a named person in accordance with section 250(2) of this Act;

(ii)a declaration made in accordance with section 253(2) of this Act; and

(iii)an advance statement.

(3)A person guilty of an offence under this section shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.

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