The Neighbourhood Planning (Referendums) Regulations 2012

[F1 PART 10 E+W Criminal offences

Textual Amendments

F1 Sch. 6 inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 1

Interference with notices E+W

46.   If a person without lawful authority destroys, mutilates, defaces or removes any notice published by the business registration officer in connection with the business referendum or any copies of a document which have been made available for inspection in pursuance of those duties, that person shall be liable on a summary conviction to a fine not exceeding level 3 on the standard scale.

Provision of false information E+W

47.— (1) A person who for any purpose connected with the business voting register provides to a business registration officer any false information is guilty of an offence.

(2) In relation to a signature, “false information” for the purposes of sub-paragraph (1) means a signature which—

(a) is not the usual signature of; or

(b) was written by a person other than,

the person whose signature it purports to be.

(3) A person does not commit an offence under sub-paragraph (1) if he did not know, and had no reason to suspect, that the information was false.

(4) Where sufficient evidence is adduced to raise an issue with respect to the defence under sub-paragraph (3), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(5) A person guilty of an offence under this paragraph shall be liable on summary conviction to—

(a) imprisonment for a term not exceeding 51 weeks;

(b) a fine not exceeding level 5 on the standard scale; or

(c) both.

(6) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in paragraph (5)(a) to 51 weeks must be taken as a reference to six months.

Copies of the register E+W

48.— (1) A person inspecting the business voting register under paragraph 30(2) may not—

(a) make copies of any part of it, or

(b) record any particulars included in it,

otherwise than by means of hand-written notes.

(2) A person who inspects the business voting register or the marked business voting register under paragraph 30(2) or 44(7) and makes a copy of it or records any particulars included in it otherwise than by means of hand-written notes is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Supply of the register E+W

49.— (1) (a) A person is guilty of an offence if that person contravenes any of the provisions specified in sub-paragraph (2), or

(b) if that person is an appropriate supervisor of a person (“P”) who fails to comply with any of those provisions and that person failed to take appropriate steps.

(2) The provisions are paragraphs 29(6), 31(3), 32(2), 33(2), (5) and (7), 35(2) and (4), 36(2) and (6), 38(2), 39(5), (7) and (9).

(3) P is not guilty of an offence under sub-paragraph (1) if—

(a) P has an appropriate supervisor, and

(b) P has complied with all the requirements imposed by that appropriate supervisor.

(4) A person who is not P or an appropriate supervisor is not guilty of an offence under sub-paragraph (1) if that person takes all reasonable steps to ensure that the provisions specified in sub-paragraph (2) are complied with.

(5) In sub-paragraphs (1)(b) and (3)—

(a) an appropriate supervisor is a person who is a director of a company or concerned in the management of an organisation under which P is employed or under whose direction or control P is;

(b) appropriate steps are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a failure to comply with the provisions in sub-paragraph (2).

(6) A person guilty of an offence as mentioned in sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Power to require information E+W

50.— (1) A business registration officer may require any person to give information required for the purposes of that officer’s duties in maintaining the business voting register.

(2) If any person fails to comply with a requirement of the business registration officer mentioned in this paragraph, that person is liable on summary conviction to a fine not exceeding level 3 on the standard scale.]