Section 51: Consequential amendments relating to information
87.Section 51 makes certain consequential amendments to the 1974 Act in respect of the sections relating to the provision of information to OFT or other enforcement authority. It extends section 7 of the 1974 Act, which provides that it is an offence for a person knowingly or recklessly to give OFT information that is false or misleading in a material particular, to cover information given under any requirement imposed or other provision made by or under the 1974 Act. The section also provides that breach of a requirement imposed under the new sections 33A and 33B or certain of the information provisions (see new sections 36A to 36C, inserted by sections 45 to 47 of the 2006 Act) will not trigger the powers of entry and inspection under section 162 of the 1974 Act nor will it trigger criminal liability under section 165 of the 1974 Act. The section inserts a new section 174A into the 1974 Act, which makes clear that the information powers in the 1974 Act, as amended by the 2006 Act, do not override legal professional privilege.
