PART 3Register of overseas entities
Offences
171False statement offences in connection with information notices
“15Failure to comply with notice under section 12 or 13
(1)
A person who, without reasonable excuse, fails to comply with a notice under section 12 or 13 commits an offence.
(2)
Where the offence is committed by a legal entity, the offence is also committed by every officer of the entity who is in default.
(3)
It is a defence for a person charged with an offence under this section to prove that the requirement to give information was frivolous or vexatious.
(4)
A person guilty of an offence under this section is liable—
(a)
on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b)
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(c)
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
(d)
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
15AFalse statements under section 12 or 13: basic offence
(1)
A person who is given a notice under section 12 or 13 commits an offence if, in purported compliance with the notice and without reasonable excuse, the person makes a statement that is misleading, false or deceptive in a material particular.
(2)
Where the offence is committed by a legal entity, the offence is also committed by every officer of the entity who is in default.
(3)
A person guilty of an offence under this section is liable—
(a)
on summary conviction in England and Wales, to a fine;
(b)
on summary conviction in Scotland, to a fine not exceeding level 5 on the standard scale;
(c)
on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale.
15BFalse statements under section 12 or 13: aggravated offence
(1)
A person who is given a notice under section 12 or 13 commits an offence if, in purported compliance with the notice, the person makes a statement that the person knows to be misleading, false or deceptive in a material particular.
(2)
Where the offence is committed by a legal entity, the offence is also committed by every officer of the entity who is in default.
(3)
A person guilty of an offence under this section is liable—
(a)
on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b)
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(c)
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
(d)
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).”