SCHEDULES

C1C2C4SCHEDULE 5Investigatory powers etc.

Annotations:
Modifications etc. (not altering text)
C1

Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))

C2

Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)

C4

Sch. 5: power to amend conferred (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 180(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

PART 5Provisions supplementary to Parts 3 and 4

Offence of obstruction

I1I2I336

1

A person commits an offence if the person—

C3a

intentionally obstructs an enforcer or an officer of an enforcer who is exercising or seeking to exercise a power under Part 4 of this Schedule in accordance with that Part,

b

intentionally fails to comply with a requirement properly imposed by an enforcer or an officer of an enforcer under Part 4 of this Schedule, or

c

without reasonable cause fails to give an enforcer or an officer of an enforcer any other assistance or information which the enforcer or officer reasonably requires of the person for a purpose for which the enforcer or officer may exercise a power under Part 4 of this Schedule.

2

A person commits an offence if, in giving information of a kind referred to in sub-paragraph (1)(c), the person—

a

makes a statement which the person knows is false or misleading in a material respect, or

b

recklessly makes a statement which is false or misleading in a material respect.

3

A person who is guilty of an offence under sub-paragraph (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

4

Nothing in this paragraph requires a person to answer any question or give any information if to do so might incriminate that person.