Section 26J OffencesF1C1
A person is guilty of an offence if, for the purpose of procuring a particular decision on an application (whether or not by that person) for the issue of a certificate under section 26H, the person—
knowingly or recklessly makes a statement which is false or misleading in a material particular;
with intent to deceive, uses any document which is false or misleading in a material particular; or
with intent to deceive, withholds any material information.
A person guilty of an offence under subsection (1) is liable—
on summary conviction, to a fine not exceeding the statutory maximum; or
on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
Notwithstanding section 127 of the Magistrates' Courts Act 1980, a magistrates' court may try an information in respect of an offence under subsection (1) whenever laid.
Annotations
Textual amendments
- F1
Ss. 26H-26K and cross-heading inserted (25.4.2013 for specified purposes, 6.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 61, 103(1)(i)(3); S.I. 2014/416, art. 3(b)
Modifications
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Ss. 7-29 applied (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))
Notes on Chapter II
Modifications
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Chs. I, II (ss. 1-26) and IV (ss. 38-44) of Pt. I, ss. 54-56, 59-61, 66, 68-72, 74-76 and 88: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(b); S.I. 1993/2762, art.3.