Moved by
Baroness Scott of Bybrook
440C: After Clause 207, insert the following new Clause—
“Offences
(1) A person who, without reasonable excuse, fails to comply with a requirement imposed under section (Power to require provision of certain classes of information) commits an offence.
(2) A person commits an offence if—
(a) the person provides information in response to a requirement imposed under section (Power to require provision of certain classes of information),
(b) the information is false or misleading in a material particular, and
(c) the person knows that the information is false or misleading or is reckless as to whether it is.
(3) But an offence under this section is committed under the law of a given jurisdiction only if the requirement in question is imposed by regulations extending to that jurisdiction.
(4) A person who commits an offence under subsection (1) is liable—
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);
(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale (or both);
(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(5) In subsection (4)(a), “the maximum term for summary offences” means—
(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;
(b) if the offence is committed after that time, 51 weeks.
(6) A person guilty of an offence under subsection (2) is liable—
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
(d) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
(7) If—
(a) an entity within subsection (8) commits an offence under this section, and
(b) a person who is, or is purporting to act as, a relevant officer of the entity authorises or permits, participates in, or fails to take all reasonable steps to prevent the commission of the offence,
that person also commits the offence.
(8) The entities within this subsection are those specified in the first column of the following table; and “relevant officer”, in relation to such an entity, means a person acting in a capacity specified in the corresponding entry in the second column.
| Entity |
“Relevant
officer” |
| A
company. |
A
director, manager, secretary or similar
officer. |
| A
partnership. |
A
partner. |
| A
body corporate (other than a company) or unincorporated body whose
affairs are managed by a governing
body. |
A
member of the governing
body. |
| A
body corporate (other than a company) or unincorporated body whose
affairs are managed by its
members. |
A
member. |
(9) An offence under this section committed under the law of Scotland by a person outside Scotland may be prosecuted in—
(a) a sheriff court district in which the person is apprehended or in custody, or
(b) a sheriff court district determined by the Lord Advocate,
as if the offence had been committed in that district (and in that event the offence is for all incidental or consequential purposes deemed to have been committed in that district).
(10) In subsection (9), “sheriff court district” is to be read in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995.”
Member's explanatory statement
This new Clause provides offences of non-compliance with regulations under Part 11.