Section 1191 OffencesI1

United Kingdom

(1)

Regulations under section 1188 F1... may provide that it is an offence for a person—

(a)

to fail to comply with a requirement under the regulations to send a statement to the registrar;

(b)

knowingly or recklessly to send a statement under the regulations to the registrar that is misleading, false or deceptive in a material particular.

(2)

The regulations may provide that a person guilty of such an offence is liable—

(a)

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

(b)

on summary conviction—

(i)

in England and Wales, to imprisonment for a term not exceeding F2the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum (or both);

(ii)

in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum (or both).

(3)

In relation to an offence committed before F32 May 2022, for “F4the general limit in a magistrates’ court” in subsection (2)(b)(i) substitute “ six months ”.

Annotations

Textual amendments

F1: Words in s. 1191(1) omitted (26.10.2023 for specified purposes, 4.3.2024 in so far as not already in force) by virtue of Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 42(b), 219(1)(2)(b); S.I. 2024/269, reg. 2(z6)
F2: Words in s. 1191(2)(b)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
F3: Words in s. 1191(3) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
F4: Words in s. 1191(3) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

Commencement

I1: S. 1191 wholly in force at 1.10.2009; s. 1191 not in force at Royal Assent, see s. 1300; s. 1191 in force for specified purposes at 20.1.2007 by S.I. 2006/3428, art. 3(3) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5); s. 1191 otherwise in force at 1.10.2009 by S.I. 2008/2860, art. 3(w) (with arts. 5, 7, 8, Sch. 2) (as amended by S.I. 2009/1802, art. 18)