Part VIU.K. MISCELLANEOUS AND GENERAL

[F1False monetary instrumentsS

46AFalse monetary instrumentsS

(1)A person who counterfeits or falsifies a specified monetary instrument with the intention that it be uttered as genuine is guilty of an offence.

(2)A person who has in his custody or under his control, without lawful authority or excuse—

(a)anything which is, and which he knows or believes to be, a counterfeited or falsified specified monetary instrument; or

(b)any machine, implement or computer programme, or any paper or other material, which to his knowledge is specially designed or adapted for the making of a specified monetary instrument,

is guilty of an offence.

(3)For the purposes of subsections (1) and (2)(a) above, it is immaterial that the specified monetary instrument (or purported specified monetary instrument) is not in a fit state to be uttered or that the counterfeiting or falsifying of it has not been finished or perfected.

(4)A person guilty of an offence under this section is liable on summary conviction—

(a)to a fine not exceeding the statutory maximum;

(b)to imprisonment for a term not exceeding six months; or

(c)both to a fine and to such imprisonment.

(5)A person guilty of an offence—

(a)under subsection (1) above is liable on conviction on indictment—

(i)to a fine;

(ii)to imprisonment for a term not exceeding ten years; or

(iii)both to a fine and to such imprisonment;

(b)under subsection (2) above is liable on conviction on indictment—

(i)to a fine;

(ii)if it is proved that the offence was committed with the intention that the specified monetary instrument in question be uttered (or as the case may be that a specified monetary instrument be uttered), to imprisonment for a term not exceeding ten years and if it is not so proved, to imprisonment for a term not exceeding two years; or

(iii)both to a fine and to imprisonment for a term not exceeding ten years, if it is proved as mentioned in sub-paragraph (ii) above, or both to a fine and to imprisonment for a term not exceeding two years if it is not so proved.

(6)Where an offence under this section which has been committed—

(a)by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of that body; or

(b)by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a member of that partnership,

or by any person who was purporting to act in any such capacity, he as well as the body corporate, or as the case may be the partnership, is guilty of that offence and is liable to be proceeded against and punished accordingly.

(7)Where the affairs of a body corporate are managed by its members, subsection (6) above applies in relation to the actings and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(8)In subsections (1) to (5) above, “specified” means for the time being specified for the purposes of this section, by order made by the Scottish Ministers.

(9)The power to make an order under subsection (8) above—

(a)includes power to make such incidental, supplemental, transitional or transitory provision as the Scottish Ministers think necessary or expedient; and

(b)is exercisable by statutory instrument.

(10)A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of the Scottish Parliament.]