Valid from 03/03/2003
In section 14 of the 1991 Act (information required by the Secretary of State), in subsection (1), after “such an application” there shall be inserted “(or application treated as made), or needed for the making of any decision or in connection with the imposition of any condition or requirement under this Act,”.
Commencement Information
I1S. 12 wholly in force; s. 12 not in force at Royal Assent see s. 86(2); s. 12 in force for certain purposes at 3.3.2003 by S.I. 2003/192, art. 3, Sch.; s. 12 otherwise in force at 26.9.2008 by S.I. 2008/2545, art. 2
After section 14 of the 1991 Act there shall be inserted—
(1)This section applies to—
(a)persons who are required to comply with regulations under section 4(4) or 7(5); and
(b)persons specified in regulations under section 14(1)(a).
(2)Such a person is guilty of an offence if, pursuant to a request for information under or by virtue of those regulations—
(a)he makes a statement or representation which he knows to be false; or
(b)he provides, or knowingly causes or knowingly allows to be provided, a document or other information which he knows to be false in a material particular.
(3)Such a person is guilty of an offence if, following such a request, he fails to comply with it.
(4)It is a defence for a person charged with an offence under subsection (3) to prove that he had a reasonable excuse for failing to comply.
(5)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”
(1)Section 15 of the 1991 Act (powers of inspectors) shall be amended as follows.
(2)For subsections (1) to (4) there shall be substituted—
“(1)The Secretary of State may appoint, on such terms as he thinks fit, persons to act as inspectors under this section.
(2)The function of inspectors is to acquire information which the Secretary of State needs for any of the purposes of this Act.
(3)Every inspector is to be given a certificate of his appointment.
(4)An inspector has power, at any reasonable time and either alone or accompanied by such other persons as he thinks fit, to enter any premises which—
(a)are liable to inspection under this section; and
(b)are premises to which it is reasonable for him to require entry in order that he may exercise his functions under this section,
and may there make such examination and inquiry as he considers appropriate.
(4A)Premises liable to inspection under this section are those which are not used wholly as a dwelling house and which the inspector has reasonable grounds for suspecting are—
(a)premises at which a non-resident parent is or has been employed;
(b)premises at which a non-resident parent carries out, or has carried out, a trade, profession, vocation or business;
(c)premises at which there is information held by a person (“A”) whom the inspector has reasonable grounds for suspecting has information about a non-resident parent acquired in the course of A’s own trade, profession, vocation or business.”
(3)In subsection (6), for the words from “any person who” to the end of paragraph (d) there shall be substituted “any such person”.
(4)After subsection (10) there shall be inserted—
“(11)In this section, “premises” includes—
(a)moveable structures and vehicles, vessels, aircraft and hovercraft;
(b)installations that are offshore installations for the purposes of the M1Mineral Workings (Offshore Installations) Act 1971; and
(c)places of all other descriptions whether or not occupied as land or otherwise,
and references in this section to the occupier of premises are to be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question.”
Marginal Citations