Offences11
1
Any person on whom a non-publication notice is served under article 8(1) commits an offence if the person, without reasonable excuse, fails to comply with—
a
a requirement of the notice; or
b
article 9, in so far as that article applies in relation to the notice.
2
A person who commits an offence under paragraph (1) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a term of imprisonment not exceeding 2 years or a fine (or both).
3
If section 85(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 20126 is in force on the day on which this Order is made, sub-paragraph (a) of paragraph (2) is to be read, in its application to England and Wales, as if the words “not exceeding the statutory maximum” were omitted.
4
A person does not commit an offence under paragraph (1) if the person fails to comply with a requirement of the notice or article 9 in order to comply with any duty imposed on the person by virtue of—
a
the Environmental Information (Scotland) Regulations 2004;
b
the Freedom of Information (Scotland) Act 2002;
c
a constable acting in the course of the constable’s duties; or
d
an order of a court of competent jurisdiction.