OpenLegislation

Section 49 Forgery and false statements.E1I1

United Kingdom

(F11)

In this section “relevant document” means—

(a)

a certificate of exemption issued under section F2section 36, 37 or 37A;

(b)

a notice of a kind mentioned in F3section 36(9)(b), 37(8)(b) or 37A(8)(b);

(c)

an accessibility certificate; or

(d)

an approval certificate.

(2)

A person is guilty of an offence if, with intent to deceive, he—

(a)

forges, alters or uses a relevant document;

(b)

lends a relevant document to any other person;

(c)

allows a relevant document to be used by any other person; or

(d)

makes or has in his possession any document which closely resembles a relevant document.

(3)

A person who is guilty of an offence under subsection (2) is liable—

(a)

on summary conviction, to a fine not exceeding the statutory maximum;

(b)

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

(4)

A person who knowingly makes a false statement for the purpose of obtaining an accessibility certificate or an approval certificate is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Annotations

Textual amendments

F1

Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)

F2

Words in s. 49(1)(a) substituted (31.12.2003 for certain purposes and otherwise 31.3.2004 as respects private hire vehicles licensed in England and Wales, 1.1.2008 for certain purposes and otherwise 1.6.2008 as respects a private hire vehicle licensed by the Department of the Environment in Northern Ireland) by Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (c. 37), ss. 4(2), 6(2); S.I. 2003/3123, art. 2; S.I. 2007/3477, art. 2

F3

Words in s. 49(1)(b) substituted (31.12.2003 for certain purposes and otherwise 31.3.2004 as respects private hire vehicles licensed in England and Wales, 1.1.2008 for certain purposes and otherwise 1.6.2008 as respects a private hire vehicle licensed by the Department of the Environment in Northern Ireland) by Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (c. 37),, ss. 4(3), 6(2); S.I. 2003/3123, art. 2; S.I. 2007/3477, art. 2

Commencement

I1

S. 49 not in force at Royal Assent see s. 70(2)(3); s. 49 in force for E.W.S. for certain purposes at 6.4.2005 by S.I. 2005/1122, art. 2; s. 49 in force for N.I. for certain purposes at 3.6.2008 by S.R. 2008/236, art. 2

Extent

E1

Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.

Notes on the whole Act

Textual amendments

F1

Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)