Moved by
Lord Callanan
33: Clause 31, page 18, line 13, leave out “knowingly or recklessly” and insert “, without reasonable excuse,”
Member’s explanatory statement
This amendment removes the mental element for the offence under clause 31 and introduces a reasonable excuse defence instead (for example to cater for cases where an overseas entity reasonably relies on information provided by others which turns out to be untrue).
34: Clause 31, page 18, line 18, at end insert—
“(1A) An offence under this section is aggravated if, when the document or statement is delivered, the person knows that it is misleading, false or deceptive in a material particular.”
Member’s explanatory statement
This amendment provides that an offence under clause 31 is aggravated if it is committed by a person who knew that the document or statement provided is misleading, false or deceptive in a material particular. A later amendment imposes a higher penalty for an aggravated offence.
35: Clause 31, page 18, line 18, at end insert—
“(1B) A person guilty of an offence under this section, other than an aggravated offence, is liable —
(a) on summary conviction in England and Wales, to a fine;
(b) on summary conviction in Scotland, to a fine not exceeding level 5 on the standard scale;
(c) on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale.”
Member’s explanatory statement
This amendment provides for the penalty for an offence under clause 31 other than an aggravated offence.
36: Clause 31, page 18, line 19, after “an” insert “aggravated”
Member’s explanatory statement
This amendment provides for the current penalty under clause 31 to apply only where the offence is an aggravated offence (because of the defendant’s knowledge).