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Regulation 26 Offences etc

Original text. Later amendments are not shown.

(1)

A person commits an offence if the person—

(a)

provides false or misleading information in response to a request made in accordance with these Regulations;

(b)

does, or omits to do, a thing, including falsification, which prevents the CMA or the aggregator from accessing information, documents, equipment or other material.

(2)

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 or Northern Ireland to a fine not exceeding level 5 on the standard scale.

(3)

Where an offence under this regulation committed by a body corporate is proved—

(a)

to have been committed with the consent or connivance of an officer of the body corporate, or

(b)

to be attributable to neglect on the part of an officer of the body corporate,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(4)

Where the affairs of a body corporate are managed by its members, paragraph (3) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were an officer of the body corporate.

(5)

Where an offence under this paragraph committed by a partnership in Scotland is proved—

(a)

to have been committed with the consent or connivance of a partner, or

(b)

to be attributable to neglect on the partner’s part,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(6)

In paragraph (5), “partner” includes a person purporting to act as a partner.