Part IIRegulated And Prohibited Activities

Offences

24False claims to be authorised or exempt

1

A person who is neither an authorised person nor, in relation to the regulated activity in question, an exempt person is guilty of an offence if he—

a

describes himself (in whatever terms) as an authorised person;

b

describes himself (in whatever terms) as an exempt person in relation to the regulated activity; or

c

behaves, or otherwise holds himself out, in a manner which indicates (or which is reasonably likely to be understood as indicating) that he is—

i

an authorised person; or

ii

an exempt person in relation to the regulated activity.

2

In proceedings for an offence under this section it is a defence for the accused to show that he took all reasonable precautions and exercised all due diligence to avoid committing the offence.

3

A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale, or both.

4

But where the conduct constituting the offence involved or included the public display of any material, the maximum fine for the offence is level 5 on the standard scale multiplied by the number of days for which the display continued.