Textual Amendments
F1Sch. A1 inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(4), 21(3)-(7), Sch. 4; S.I. 2021/748, reg. 2(a)
21(1)This paragraph applies where a person—U.K.
(a)fails to comply with a notice under paragraph 17, 18 or 19,
(b)fails to comply with any other requirement imposed under paragraph 17, 18 or 19,
(c)in complying with a notice under paragraph 19, makes a statement that is false or misleading in a material respect, or
(d)in providing information verified by a statement of truth required by appeal rules under paragraph 23, provides information that is false or misleading in a material respect.
(2)An authorised member of the CMA may certify to the appropriate court—
(a)the failure,
(b)the fact that the person has made a false or misleading statement in circumstances described in sub-paragraph (1)(c), or
(c)the fact that the person has provided false or misleading information in circumstances described in sub-paragraph (1)(d).
(3)The appropriate court may inquire into a certified failure or act and, if it does so, must hear—
(a)any witness against the person;
(b)any witness on behalf of the person;
(c)any statement in the person's defence.
(4)The appropriate court may punish the person as if the person had been guilty of contempt of court if it is satisfied that—
(a)the certified failure or act took place, and
(b)the person did not have a reasonable excuse for the failure or act.
(5)Where the person is a body corporate, the appropriate court may punish any director or other officer of that body, either instead or as well as punishing the body.
(6)In this paragraph—
“the appropriate court”—
in relation to England and Wales and Northern Ireland, means the High Court;
in relation to Scotland, means the Court of Session;
“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body.]