EnforcementU.K.

Provision of false informationU.K.

18.—(1) A person (“P”) is guilty of an offence if, in circumstances falling within paragraph (2), P provides false information to the authority for the purpose of—

(a)inducing the authority to exercise or not to exercise any of the functions conferred on it by these Regulations; or

(b)inducing the authority to exercise any of those functions in a particular way.

(2) Those circumstances are that, at the time the information is provided, P—

(a)knows or believes the information to be false; or

(b)is reckless as to whether or not it is false.

(3) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) Proceedings for an offence under paragraph (1) may not be instituted in England and Wales except—

(a)by the Secretary of State or by a person authorised to do so by the Secretary of State; or

(b)by or with the consent of the Director of Public Prosecutions.

(5) Proceedings for an offence under paragraph (1) may not be instituted in Northern Ireland except—

(a)by the Secretary of State or a person authorised to do so by the Secretary of State, or

(b)by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(6) Where an offence under paragraph (1) or (2) is committed by a body corporate and it is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, an officer of the body corporate, that officer (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and dealt with accordingly.

(7) Where the affairs of a body corporate are managed by its members, paragraph (6) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as it applies to an officer of the body corporate.

(8) In this regulation, “officer”, in relation to a body corporate, means—

(a)any director, secretary or other similar officer of the body corporate; or

(b)any person purporting to act in any such capacity.