(1)Any person who—
(a)without reasonable excuse, fails to comply with, or with any notice given under, any of the foregoing provisions of this Part of this Act; or
(b)in purported compliance therewith—
(i)knowingly or recklessly furnishes any information which is false in a material particular; or
(ii)makes or causes to be made or knowingly allows to be made any record which he knows to be false in a material particular,
shall be guilty of an offence under the principal Act.
[F1(2)If a person is convicted of failing to comply with a notice under section 3(2) of this Act requiring any information to be furnished to the Postmaster General and the failure to furnish that information as aforesaid continues after the conviction, that person shall be guilty of a further offence of failing to comply with that notice and shall be liable to be proceeded against and punished accordingly.]
(3)Summary proceedings in England, Wales or Northern Ireland for an offence under this section may be taken on behalf of the Postmaster General at any time within six months from the date on which evidence sufficient in [F2his][F2their] opinion to justify the proceedings comes to [F2his][F2their] knowledge:
Provided that proceedings shall not be so taken more than three years after the commission of the offence.
(4)Summary proceedings in Scotland for an offence under this section shall not be commenced after the expiration of three years from the commission of the offence, but subject to the foregoing limitation, and notwithstanding anything in section [F3331 of the M1Criminal Procedure (Scotland) Act 1975], such proceedings may be commenced at any time within six months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge or, where such evidence was reported to him by the Postmaster General, within six months after the date on which it came to the knowledge of the Postmaster General; and subsection [F3(3) of the said section 331] shall apply for the purposes of this subsection as it applies for the purposes of that section.
(5)For the purpose of subsections (3) and (4) of this section, a certificate of the Postmaster General or the Lord Advocate, as the case may be, as to the date on which such evidence as aforesaid came to [F4their or] his knowledge shall be conclusive evidence of that fact.
Textual Amendments
F1S. 5(2) repealed (1.4.1991) by Broadcasting Act 1990 (c. 42, SIF 96), ss. 134, 203(3), 204(2), Sch. 12 Pt. II para. 1, Sch. 21
F2Word “their” substituted (1.4.1991) for the word “his” by Broadcasting Act 1990 (c. 42, SIF 96), s. 180, Sch. 18 Pt. II para. 6(a)
F3Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 460(1)(b)
F4Words inserted (1.4.1991) by Broadcasting Act 1990 (c. 42, SIF 96), s. 180, Sch. 18 Pt. II para. 6(b)
Modifications etc. (not altering text)
C1References to Postmaster General in s. 5 to be construed as including references to the Secretary of State and words “the BBC” substituted (1.4.1991) for the words “the Secretary of State”: Post Office Act 1969 (c. 48, SIF 96), s. 3(1)(i), S.I. 1974/691, arts. 2, 3(3) and Broadcasting Act 1990 (c. 42, SIF 96), s. 180, Sch. 18 Pt. II para. 1(e).
Marginal Citations
M11975 c. 21(39:1).