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(1)It is an offence for a person—
(a)to contravene section 6(1) above;
(b)to fail to give the notice required by section 9(2) above;
(c)to fail to comply with or contravene any requirement or prohibition imposed by an enforcement notice or a prohibition notice;
F1(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)to fail, without reasonable excuse, to comply with any requirement imposed by a notice under section 19(2) above;
(h)to make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made—
(i)in purported compliance with a requirement to furnish any information imposed by or under any provision of this Part; or
(ii)for the purpose of obtaining the grant of an authorisation to himself or any other person or the variation of an authorisation;
(i)intentionally to make a false entry in any record required to be kept under section 7 above;
(j)with intent to deceive, to forge or use a document issued or authorised to be issued under section 7 above or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be likely to deceive;
F1(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(l)to fail to comply with an order made by a court under section 26 below.
(2)A person guilty of an offence under paragraph (a), (c) or (l) of subsection (1) above shall be liable:
(a)on summary conviction, to [F2a fine] [F3or to imprisonment for a term not exceeding three months, or to both];
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
(3)A person guilty of an offence under paragraph (b), (g), (h), (i) or (j) 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 or to imprisonment for a term not exceeding two years, or to both.
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1S. 23(1)(d)-(f)(k) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 59(2), Sch. 24 (with ss. 7(6), 115); S.I. 1996/186, art. 3
F2Words in s. 23(2)(a) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 22(2) (with reg. 5(1))
F3Words in s. 23(2)(a) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 59(3) (with ss. 7(6), 115); S.I. 1996/186, art. 3
F4S. 23(4) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 59(4), Sch. 24 (with ss. 7(6), 115); S.I. 1996/186, art. 3
F5S. 23(5) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 par. 59(5), Sch. 24 (with ss. 7(6), 115); S.I. 1996/186, art. 3
(1)It is an offence for a person—
(a)to contravene section 6(1) above;
(b)to fail to give the notice required by section 9(2) above;
(c)to fail to comply with or contravene any requirement or prohibition imposed by an enforcement notice or a prohibition notice;
F1(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g)to fail, without reasonable excuse, to comply with any requirement imposed by a notice under section 19(2) above;
(h)to make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made—
(i)in purported compliance with a requirement to furnish any information imposed by or under any provision of this Part; or
(ii)for the purpose of obtaining the grant of an authorisation to himself or any other person or the variation of an authorisation;
(i)intentionally to make a false entry in any record required to be kept under section 7 above;
(j)with intent to deceive, to forge or use a document issued or authorised to be issued under section 7 above or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be likely to deceive;
F1(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(l)to fail to comply with an order made by a court under section 26 below.
(2)A person guilty of an offence under paragraph (a), (c) or (l) of subsection (1) above shall be liable:
(a)on summary conviction, to a fine not exceeding [F6£40,000][F3or to imprisonment for a term not exceeding three months, or to both];
(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
(3)A person guilty of an offence under paragraph (b), (g), (h), (i) or (j) 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 or to imprisonment for a term not exceeding two years, or to both.
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F1S. 23(1)(d)-(f)(k) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 59(2), Sch. 24 (with ss. 7(6), 115); S.I. 1996/186, art. 3
F3Words in s. 23(2)(a) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 59(3) (with ss. 7(6), 115); S.I. 1996/186, art. 3
F4S. 23(4) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 59(4), Sch. 24 (with ss. 7(6), 115); S.I. 1996/186, art. 3
F5S. 23(5) repealed (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 par. 59(5), Sch. 24 (with ss. 7(6), 115); S.I. 1996/186, art. 3
F6Words in s. 23(2)(a) substituted (S.) (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 66, 145(2), Sch. 2 Pt. 1 para. 4(2); S.S.I. 2004/420, art. 3, Sch. 1
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