Disability Discrimination Act 1995

Supplemental

48Offences by bodies corporate etc

(1)Where an offence under section 40 or 46 committed by a body corporate is committed with the consent or connivance of, or is attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity, he as well as the body corporate is guilty of the offence.

(2)In subsection (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(3)Where, in Scotland, an offence under section 40 or 46 committed by a partnership or by an unincorporated association other than a partnership is committed with the consent or connivance of, or is attributable to any neglect on the part of, a partner in the partnership or (as the case may be) a person concerned in the management or control of the association, he, as well as the partnership or association, is guilty of the offence.

49Forgery and false statements

(1)In this section “relevant document” means—

(a)a certificate of exemption issued under section 36 or 37;

(b)a notice of a kind mentioned in section 36(9)(b) or 37(8)(b);

(c)an accessibility certificate; or

(d)an approval certificate.

(2)A person is guilty of an offence if, with intent to deceive, he—

(a)forges, alters or uses a relevant document;

(b)lends a relevant document to any other person;

(c)allows a relevant document to be used by any other person; or

(d)makes or has in his possession any document which closely resembles a relevant document.

(3)A person who is guilty of an offence under subsection (2) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

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

(4)A person who knowingly makes a false statement for the purpose of obtaining an accessibility certificate or an approval certificate is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.