Section 15 OffencesI1

(1)

A person to whom a notice has been given under section 12(1) commits an offence if that person—

(a)

refuses or fails without reasonable excuse to attend before the Commissioner as required by the notice, F1or

(b)

refuses or fails without reasonable excuse, when attending before the Commissioner as required by the notice, to answer any question concerning the subjects specified in the notice,

F2(c)

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

F3(d)

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

F4(1A)

A person to whom a notice has been issued under section 12(1) commits an offence if that person—

(a)

refuses or fails without reasonable excuse to produce any document required to be produced by the notice, or

(b)

intentionally alters, suppresses, conceals or destroys any such document.

(1B)

A person to whom a notice has been given under section 12(1A) commits an offence if that person refuses or fails without reasonable excuse—

(a)

to give evidence concerning the subjects specified in the notice,

(b)

to answer any question in the notice, or

(c)

to verify the evidence with a statement of truth.

(2)

F5Subsections (1), (1A) and (1B) are subject to section 14.

(3)

Any person who, without reasonable excuse, refuses to take an oath or make an affirmation when required to do so under section 13 commits an offence.

(4)

If a person charged with an offence under subsection F6(1), (1A), (1B) or (3) adduces evidence of a reasonable excuse for the refusal or failure, it is for the prosecution to prove that the person did not have such an excuse.

(5)

A person guilty of an offence under this section is liable on summary conviction—

(a)

to a fine F7...,

(b)

to imprisonment for a period not exceeding three months, or

(c)

both.

(6)

Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)

a director, manager, secretary or other similar officer of the body corporate, or

(b)

any person who was purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly.

(7)

In subsection (6) “director”, in the case of a body corporate whose affairs are managed by its members, means a member of the body corporate.

Annotations

Textual amendments

F1: Word in s. 15(1)(a) inserted (28.4.2026) by Senedd Cymru (Member Accountability and Elections) Act 2026 (asc 9), ss. 22(6)(a)(i), 26(1)
F2: S. 15(1)(c) omitted (28.4.2026) by virtue of Senedd Cymru (Member Accountability and Elections) Act 2026 (asc 9), ss. 22(6)(a)(ii), 26(1)
F3: S. 15(1)(d) omitted (28.4.2026) by virtue of Senedd Cymru (Member Accountability and Elections) Act 2026 (asc 9), ss. 22(6)(a)(ii), 26(1)
F4: S. 15(1A)(1B) inserted (28.4.2026) by Senedd Cymru (Member Accountability and Elections) Act 2026 (asc 9), ss. 22(6)(b), 26(1)
F5: Words in s. 15(2) substituted (28.4.2026) by Senedd Cymru (Member Accountability and Elections) Act 2026 (asc 9), ss. 22(6)(c), 26(1)
F6: Words in s. 15(4) substituted (28.4.2026) by Senedd Cymru (Member Accountability and Elections) Act 2026 (asc 9), ss. 22(6)(d), 26(1)
F7: Words in s. 15(5)(a) omitted (28.4.2026) by virtue of Senedd Cymru (Member Accountability and Elections) Act 2026 (asc 9), ss. 22(6)(e), 26(1)

Commencement

I1: S. 15 comes into force in accordance with s. 21(2)(b)(3)