15(1)The Table in Schedule 10 (punishment of offences) is amended as follows.E+W
(2)In the entry relating to section 31, in the column describing the general nature of the offence, after “bankrupt” insert “ or person in respect of whom a debt relief order is made ”.
(3)Insert the following entries after the entry relating to section 235(5)—
| “251O(1) | False representations or omissions in making an application for a debt relief order. | 1. On indictment 2. Summary | 7 years or a fine, or both. 12 months or the statutory maximum, or both. | |
| 251O(2)(a) | Failing to comply with duty in connection with an application for a debt relief order. | 1. On indictment 2. Summary | 2 years or a fine, or both. 12 months or the statutory maximum, or both. | |
| 251O(2)(b) | False representations or omissions in connection with duty in relation to an application for a debt relief order. | 1. On indictment 2. Summary | 7 years or a fine, or both. 12 months or the statutory maximum, or both. | |
| 251O(4)(a) | Failing to comply with duty in connection with a debt relief order. | 1. On indictment 2. Summary | 2 years or a fine, or both. 12 months or the statutory maximum, or both. | |
| 251O(4)(b) | False representations or omissions in connection with a duty in relation to a debt relief order. | 1. On indictment 2. Summary | 7 years or a fine, or both. 12 months or the statutory maximum, or both. | |
| 251P(1) | Failing to deliver books, records and papers to official receiver, concealing or destroying them or making false entries in them by person in respect of whom a debt relief order is made. | 1. On indictment 2. Summary | 7 years or a fine, or both. 12 months or the statutory maximum, or both. | |
| 251P(2) | Person in respect of whom debt relief order is made doing anything falling within paragraphs (c) to (e) of section 251P(1) during the period of 12 months ending with the application date or doing anything falling within paragraphs (b) to (e) of section 251P(1) after that date but before the effective date. | 1. On indictment 2. Summary | 7 years or a fine, or both. 12 months or the statutory maximum, or both. | |
| 251Q(1) | Fraudulent disposal of property by person in respect of whom a debt relief order is made. | 1. On indictment 2. Summary | 2 years or a fine, or both. 12 months or the statutory maximum, or both. | |
| 251R(1) | Disposal of property that is not paid for by person in respect of whom a debt relief order is made. | 1. On indictment 2. Summary | 7 years or a fine, or both. 12 months or the statutory maximum, or both. | |
| 251R(2) | Obtaining property in respect of which money is owed by a person in respect of whom a debt relief order is made. | 1. On indictment 2. Summary | 7 years or a fine, or both. 12 months or the statutory maximum, or both. | |
| 251S(1) | Person in respect of whom a debt relief order is made obtaining credit or engaging in business without disclosing his status or name. | 1. On indictment 2. Summary | 2 years or a fine, or both. 12 months or the statutory maximum, or both.” |
(4)In the application of those entries in relation to offences committed before [F12 May 2022] (limit on magistrates' court powers to impose imprisonment), the references in the fourth column to “12 months” are to be read as references to “6 months”.
Textual Amendments
F1Words in Sch. 20 para. 15(4) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
Commencement Information
I1Sch. 20 wholly in force at 6.4.2009; Sch. 20 not in force at Royal Assent see s. 148(2); Sch. 20 in force for certain purposes at 24.2.2009 and at 6.4.2009 otherwise by S.I. 2009/382, art. 2