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Section 45 False or misleading declarations and information.C1C2

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person who in connection with—

(a)

an application for a vehicle licence or a trade licence,

(b)

a claim for a rebate under section 20, or

(c)

an application for an allocation of registration marks,

makes a declaration which to his knowledge is either false or in any material respect misleading is guilty of an offence.

(2)

A person who makes a declaration which—

(a)

is required by regulations under this Act to be made in respect of a vehicle which is an exempt vehicle under paragraph 19 of Schedule 2, and

(b)

to his knowledge is either false or in any material respect misleading,

is guilty of an offence.

F1(2A)

A person who makes a declaration or statement which—

(a)

is required to be made in respect of a vehicle by regulations under section 22, and

(b)

to his knowledge is either false or in any material respect misleading,

is guilty of an offence.

(3)

A person who—

(a)

is required by F2virtue of this Act to furnish particulars relating to, or to the keeper of, a vehicle, and

(b)

furnishes particulars which to his knowledge are either false or in any material respect misleading,

is guilty of an offence.

F3(3A)

A person who, in supplying information or producing documents for the purposes of any regulations made under section 61A F4... —

(a)

makes a statement which to his knowledge is false or in any material respect misleading or recklessly makes a statement which is false or in any material respect misleading, or

(b)

produces or otherwise makes use of a document which to his knowledge is false or in any material respect misleading,

is guilty of an offence.

(3B)

A person who—

(a)

with intent to deceive, forges, alters or uses a certificate issued by virtue of section 61A ... ;

(b)

knowing or believing that it will be used for deception lends such a certificate to another or allows another to alter or use it; or

(c)

without reasonable excuse makes or has in his possession any document so closely resembling such a certificate as to be calculated to deceive,

is guilty of an offence.

(4)

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

(a)

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

(b)

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or (except in Scotland) to both.

Annotations

Textual amendments

F1

S. 45(2A) inserted (29.4.1996) by 1996 c. 8, s. 23, Sch. 2 para. 11(1)(2)

F2

Words in s. 45(3) inserted (29.4.1996) by 1996 c. 8, s. 23, Sch. 2 para. 11(1)(3)

F3

S. 45(3A)(3B) inserted (1.5.1995 with effect as mentioned in Sch. 4 para. 29 of the amending Act) by 1995 c. 4, s. 19, Sch. 4 Pt. IV paras. 24, 29

F4

Words in s. 45(3A)(3B) omitted (1.1.2017) by virtue of Finance Act 2014 (c. 26), Sch. 18 paras. 3(a), 19

Modifications

C1

S. 45 applied (28.7.2000) by 2000 c. 17, s. 20(10)

S. 45 applied (1.7.2001) by 2001 c. 9, s. 8(10)(11)(12)

C2

S. 45 excluded (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 51(6), 126(2)

Notes on Offence in respect of incorrectly registered vehicles

Textual amendments

F1

S. 43C and preceding cross heading inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), s. 150(1); S.I. 2005/1521, art. 3(1)(u) (subject to art. 3(4)(5))