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Section 42 Offences relating to informationI1C1

(1)

A person who, for any of the purposes set out in subsection (2)—

(a)

makes a statement which is false or misleading in a material way, knowing the statement to be false or misleading,

(b)

makes a statement which is false or misleading in a material way, being reckless as to whether the statement is false or misleading, or

(c)

intentionally fails to disclose any material information,

commits an offence.

(2)

The purposes are—

(a)

the purpose of procuring the issue, variation or transfer of a marine licence,

(b)

the purpose of complying with, or purporting to comply with, any obligation imposed by the provisions of this Part or the provisions of a marine licence.

(3)

A person guilty of an offence under subsection (1) is liable—

(a)

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

(b)

on conviction on indictment, to a fine.

Annotations

Modifications

C1

Ss. 39-42 applied (9.11.2020) by The Marine Licensing (Exempted Activities) (Scottish Inshore Region) Amendment Order 2020 (S.S.I. 2020/316), arts. 1, 12

Commencement

I1

S. 42 in force at 6.4.2011 by S.S.I. 2011/58, art. 3(a)

Notes on Part 4

Modifications

C1

Pt. 4 modified (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 8, 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, Sch.

C2

Pt. 4 power to amend or modify conferred (12.2.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 25(3), 32(1) (with s. 30)