Regulation 69 Offences

(1)

If a person—

(a)

in any declaration or form used for any of the purposes of this Chapter of this Part, makes a statement knowing it to be false, or

(b)

attests an application under regulation 62 knowing—

(i)

that he or she is not authorised to do so, or

(ii)

that it contains a statement which is false,

that person commits an offence.

(2)

A person guilty of an offence under paragraph (1) 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.

(3)

If a person provides false information in connection with an application under regulation 62(1) or (2) or 66(4), that person commits an offence.

(4)

In relation to a signature, “false information” for the purposes of paragraph (3), 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.

(5)

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

(6)

Where sufficient evidence is adduced to raise an issue with respect to the defence under paragraph (5), the court is to assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(7)

A person guilty of an offence under paragraph (3) is liable—

(a)

on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks or to a fine, or to both;

(b)

on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.

(8)

The reference in paragraph (7)(a) to 51 weeks is to be read as a reference to 6 months in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003^f1.

Annotations

Footnotes

f1: 2003 c.44.