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I115Documents: offences

1

Any person to whom a notice under section 14 is given commits an offence if the person—

a

deliberately alters, suppresses, conceals or destroys any document which that person is required to produce by the notice, or

b

refuses or fails to produce any such document.

2

It is a defence for a person charged with an offence under subsection (1)(b) to prove that there was a reasonable excuse for the refusal or failure.

3

A person is not obliged under section 14 to produce any document which that person would be entitled to refuse to produce in a court in Scotland.

4

A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a period not exceeding 3 months.

5

Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

a

a director, manager, secretary or other similar officer of the body corporate, or

b

any person who was purporting to act in any such capacity,

that person, as well as the body corporate, commits the offence and is liable to be proceeded against accordingly.