PART 4DUTY TO DELIVER REPORTS AND INFORMATION

F1False statements: basic offence16

1

It is an offence for a person, without reasonable excuse, to—

a

deliver or cause to be delivered to the registrar, for the purposes of these Regulations, a document that is misleading, false or deceptive in a material particular, or

b

make to the registrar, for the purposes of these Regulations, a statement that is misleading, false or deceptive in a material particular.

2

Where the offence is committed by a firm, every officer of the firm who is in default also commits the offence.

3

In paragraph (2)firm” has the meaning given by section 1173(1) of the Act.

4

Sections 1121 to 1123 of the Act (liability of officers default: interpretation etc) apply for the purposes of paragraph (2) as they apply for the purposes of provisions of the Companies Acts.

5

A person guilty of an offence under this regulation 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.

6

No proceedings are to be brought for an offence under this regulation—

a

in England and Wales except by or with the consent of the Secretary of State or the Director of Public Prosecutions;

b

in Northern Ireland except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.