5(1)Any person who causes or permits to be included in a statement sent to the [F1Treasury] under paragraph 4 above any information which he knows to be false in a material particular or recklessly causes or permits to be so included any information which is false in a material particular shall be guilty of an offence and liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
(b)on summary conviction, to a fine not exceeding £400.
(2)Any insurance company which makes default in complying with paragraph 4 above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F2level 5 on the standard scale].
(3)[F3Sections 37(2)(b)(i) and 54(1)(b) of the Insurance Companies Act 1982] (failure to satisfy an obligation under that Act to be a ground for the exercise by the [F4Treasury] or the Secretary of State of certain powers in relation to an insurance company) shall have effect in relation to [F5an obligation imposed on an insurance company under paragraph 4] above as they have effect in relation to obligations imposed on an insurance company under that Act.
(4)[F6Sections 91 to 94 of the Insurance Companies Act 1982] shall apply in relation to an offence committed or alleged to have been committed under this paragraph as they apply in relation to an offence committed or alleged to have been committed under that Act.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
Textual Amendments
F1Words in Sch. 3 para. 5(1) substituted (5.1.1998) by S.I. 1997/2781, arts. 2(1), 8(1), Sch. Pt. II paras. 98, 99 (with art. 7)
F2Words substituted by (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6
F3Words substituted by Insurance Companies Act 1982 (c. 50, SIF 67), s. 99(2), Sch. 5 para. 16(e)
F4Words in Sch. 3 para. 5(3) inserted (5.1.1998) by virtue of S.I. 1997/2781, arts. 2(1), 8(1), Sch. Pt. II paras. 98, 105(b) (with art. 7)
F5Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 210(3)
F6Words substituted by Insurance Companies Act 1982 (c. 50, SIF 67), s.99(2), Sch. 5 para. 16(f)