Regulation 17 Enforcement of requirements in relation to evidence etc.
This regulation applies where a person (“P”)—
fails to comply with a notice or other requirement issued or imposed under regulation 14, 15 or 16;
in complying with a notice under regulation 16, makes a statement that is false in a material particular; or
in providing information verified by a statement of truth required by appeal rules, provides information that is false in a material particular.
An authorised member of the CMA may certify to the High Court—
the failure;
the fact that P has made a false statement in circumstances described in paragraph (1)(b); or
the fact that P has provided false information in circumstances described in paragraph (1)(c).
The High Court may—
inquire into the failure or act certified to it under paragraph (2); and
punish P as if P had been guilty of contempt of court if it is satisfied, after having heard any witness against or on behalf of P and any statement in P’s defence, that—
the certified failure or act took place; and
P did not have a reasonable excuse for the failure or act.
Where P is a body corporate, the High Court may punish any director or other officer of that body either instead of or in addition to dealing with the body corporate.
A person who wilfully alters, suppresses or destroys a document that the person has been required to produce under regulation 14 is guilty of an offence and is liable—
on summary conviction, to a fine;
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.