This is the original version (as it was originally made).
38.—(1) Any person who, for the purpose of procuring a particular decision on an application to which these Regulations apply—
(a)knowingly or recklessly makes a statement which is false or misleading in a material particular;
(b)with intent to deceive, uses any document which is false or misleading in a material particular; or
(c)with intent to deceive, withholds any material information,
commits an offence.
(2) A person who commits an offence under paragraph (1) above is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to a fine.
(3) No act or omission of the Crown constitutes an offence under this regulation.
(4) The Court of Session may, on the application of the Scottish Ministers, the chief constable or any other public body or office-holder having responsibility for enforcing this regulation, declare unlawful any act or omission of the Crown which would but for paragraph (3) have constituted an offence under this regulation.
(5) Despite paragraph (3), this regulation applies to a person in the public service of the Crown as it applies to other persons.
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