Section 22A C1F1
Scotland
Any person who, for the purpose of procuring a particular decision in relation to a project to which section 20C applies—
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,
commits an offence.
A person who commits an offence under subsection (1) is liable—
on summary conviction, to a fine not exceeding the statutory maximum, or
on conviction on indictment, to a fine.
No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this section.
The Court of Session may, on the application of the Scottish Ministers, the chief constable or any other public body or office-holder having responsibility for enforcing the provision declare unlawful any act or omission of the Crown which would but for subsection (3) have constituted an offence under this section.
Despite subsection (3), this section applies to a person in the public service of the Crown as it applies to other persons.
Annotations
Textual amendments
- F1
Ss. 22A, 22B inserted (16.5.2017) by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017 (S.S.I. 2017/137), regs. 1, 6
Modifications
- C1
S. 22B power to amend or repeal conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pt. 2 (with s. 247)
Notes on Part III
Modifications
- C1
Pt. III excluded (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 20(2), 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.