Water Resources Act 1991

206 Making of false statements etc. E+W

(1) If, in furnishing any information or making any application under or for the purposes of any of the following provisions of this Act, that is to say, the provisions of—

(a) Part I, other than Schedule 2;

(b) sections 19 and 20 and Chapter III of Part II;

(c) Part III;

(d) Part VI, other than sections 133 to 143 and 147 to 149;

(e) Part VII, other than sections 155, 156, 158, 165 to 167 and the other provisions of that Part so far as they relate to those sections;

(f) this Part, other than sections 189, 193, 194, 198 to 201 and 205; and

(g) Part IX, except so far as it relates to a provision of this Act in relation to which this subsection does not apply,

any person makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence under this section.

(2) If—

(a) in giving any information which he is required to give under Chapter II of Part II of this Act or any of the related water resources provisions or under Schedule 2 to this Act, any person knowingly or recklessly makes a statement which is false in a material particular; or

(b) for the purpose of obtaining a licence under that Chapter, any person knowingly makes a statement which is false in a material particular,

that person shall be guilty of an offence under this section.

(3) Where—

(a) the provisions contained in a licence under Chapter II of Part II of this Act in pursuance of paragraph (b) of subsection (2) of section 46 above, or of that paragraph as modified by subsection (6) of that section, require the use of a meter, gauge or other device; and

(b) such a device is used for the purposes of those provisions,

any person who wilfully alters or interferes with that device so as to prevent it from measuring correctly shall be guilty of an offence under this section.

(4) If, in keeping any record or journal or in furnishing any information which he is required to keep or furnish under section 198 or 205 above, any person knowingly or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence under this section.

(5) A person who is guilty of an offence under this section by virtue of subsection (1) above shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine;

and proceedings for an offence by virtue of subsection (1) above shall not be instituted except by or with the consent of one of the Ministers or the Director of Public Prosecutions.

(6) A person who is guilty of an offence under this section by virtue of subsection (2) or (3) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

(7) A person who is guilty of an offence under this section by virtue of subsection (4) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding three months or to a fine or to both.