Section 318 False statementsI1

Scotland

(1)

A person who—

(a)

knowingly makes, in a relevant document, an entry or statement which is false in a material particular; or

(b)

with intent to deceive, makes use of any such entry or statement knowing it to be false,

shall be guilty of an offence.

(2)

For the purposes of subsection (1) above, a “relevant document”—

(a)

is—

(i)

an application under this Act;

(ii)

a document accompanying any such application; or

(iii)

any other document required or authorised to be granted, prepared, sent or given for any of the purposes of this Act; but

(b)

does not include—

(i)

a nomination of a named person in accordance with section 250(2) of this Act;

F1(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)

an advance statement.

(3)

A person guilty of an offence under this section shall be liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.

Annotations

F1: S. 318(2)(b)(ii) repealed (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 22(3), 61(2); S.S.I. 2017/197, art. 2, sch. (with arts. 13-15)

I1: S. 318 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)