PART 5Regulation of payment systems
Information and investigation powers
I1C1C290Enforcement of information and investigation powers
1
If a person other than an investigator (“the defaulter”) fails to comply with a requirement imposed under any of sections 81 to 88, the person imposing the requirement may certify that fact in writing to the court.
2
If the court is satisfied that the defaulter failed without reasonable excuse to comply with the requirement, it may deal with the defaulter (and in the case of a body corporate, any director or other officer of the body) as if that person were in contempt.
3
In subsection (2) “officer”, in relation to a limited liability partnership, means a member of the limited liability partnership.
4
A person who knows or suspects that an investigation is being or is likely to be conducted under section 83 is guilty of an offence if the person—
a
falsifies, conceals, destroys or otherwise disposes of a document which the person knows or suspects is or would be relevant to such an investigation, or
b
causes or permits the falsification, concealment, destruction or disposal of such a document.
5
It is a defence for a person charged with an offence under subsection (4) to show that the person had no intention of concealing facts disclosed by the documents from the investigator.
6
A person is guilty of an offence if the person, in purported compliance with a requirement imposed under any of sections 81 to 88—
a
provides information which the person knows to be false or misleading in a material particular, or
b
recklessly provides information which is false or misleading in a material particular.
7
A person guilty of an offence under subsection (4) or (6) is liable—
a
on summary conviction—
i
ii
in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum, or both;
iii
in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum, or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.
8
Any person who intentionally obstructs the exercise of any rights conferred by a warrant under section 88 is guilty of an offence and liable on summary conviction—
a
in England and Wales, to imprisonment for a term not exceeding 51 weeks (or 3 months, if the offence was committed before the commencement of section 280(2) of the Criminal Justice Act 2003) or a fine, or both;
b
in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 5 on the standard scale, or both;
c
in Northern Ireland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 5 on the standard scale, or both.
9
In this section—
“court” means the High Court or, in Scotland, the Court of Session;
“investigator” means a person appointed under section 83.