Section 102A Offences

England, Wales and Scotland

(1)

F1This section applies in respect of proceedings before a tribunal in relation to a decision of the Regulator.

(2)

A person is guilty of an offence if that person, without reasonable excuse, refuses or fails—

(a)

to attend following the issue of a summons by the tribunal; or

(b)

to give evidence.

(3)

A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4)

A person is guilty of an offence if that person, without reasonable excuse—

(a)

alters, suppresses, conceals or destroys a document which that person is or is liable to be required to produce for the purposes of proceedings before the tribunal; or

(b)

refuses to produce a document when so required.

(5)

A person guilty of an offence under subsection (4) is liable—

(a)

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

(b)

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

(6)

In this section “document” includes information recorded in any form and, in relation to information recorded otherwise than in a legible form, references to its production include references to producing a copy of the information in a legible form, or in a form from which it can readily be produced in a legible form.

Annotations

Textual amendments

F1: S. 102A inserted (E.W.S.) (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 79 (with Sch. 5)