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611 | Duty of company to comply with requirement |
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(1) | A company that is required under section 610 to exercise its powers under |
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section 606 (notice requiring information about interests in company’s shares) |
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must exercise those powers in the manner specified in the requests. |
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(2) | If default is made in complying with subsection (1) an offence is committed by |
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every officer of the company who is in default. |
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(3) | A person guilty of an offence under this section is liable— |
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(a) | on conviction on indictment, to a fine; |
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(b) | on summary conviction, to a fine not exceeding the statutory |
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612 | Report to members on outcome of investigation |
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(1) | On the conclusion of an investigation carried out by a company in pursuance |
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of a requirement under section 610 the company must cause a report of the |
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information received in pursuance of the investigation to be prepared. |
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| The report must be made available at the company’s registered office within a |
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reasonable period (not more than 15 days) after the conclusion of the |
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(a) | a company undertakes an investigation in pursuance of a requirement |
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(b) | the investigation is not concluded within three months after the date on |
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which the company became subject to the requirement, |
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| the company must cause to be prepared in respect of that period, and in respect |
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of each succeeding period of three months ending before the conclusion of the |
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investigation, an interim report of the information received during that period |
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in pursuance of the investigation. |
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(3) | Each such report must be made available at the company’s registered office |
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within a reasonable period (not more than 15 days) after the end of the period |
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(4) | The company must within three days of making any report prepared under |
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this section available at its registered office, notify the members who made the |
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requests under section 606 that the report is so available. |
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(5) | For the purposes of this section an investigation carried out by a company in |
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pursuance of a requirement under section 610 is concluded when— |
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(a) | the company has made all such inquiries as are necessary or expedient |
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for the purposes of the requirement, and |
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(b) | in the case of each such inquiry— |
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(i) | a response has been received by the company, or |
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(ii) | the time allowed for a response has elapsed. |
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(6) | A report prepared under this section must be kept at the company’s registered |
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office for at least six years after the day on which it is first made available there. |
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613 | Report to members: offences |
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(1) | If default is made in complying with section 612 (report to members on |
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outcome of investigation), an offence is committed by every officer of the |
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company who is in default. |
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(2) | A person guilty of an offence under this section is liable— |
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(a) | on conviction on indictment, to a fine; |
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(b) | on summary conviction, to a fine not exceeding the statutory |
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614 | Right to inspect and request copy of reports |
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(1) | Any report prepared under section 612 must be open to inspection by any |
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(2) | Any person is entitled, on request and on payment of such fee as may be |
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prescribed, to be provided with a copy of any such report or any part of it. |
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| The copy must be provided within ten days after the request is received by the |
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(3) | If an inspection required under subsection (1) is refused, or default is made in |
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complying with subsection (2), an offence is committed by— |
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(b) | every officer of the company who is in default. |
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(4) | A person guilty of an offence under this section is liable on summary |
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conviction to a fine not exceeding level 3 on the standard scale and, for |
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continued contravention, a daily default fine not exceeding one-tenth of level |
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(5) | In the case of any such refusal or default the court may by order compel an |
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immediate inspection or, as the case may be, direct that the copy required be |
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sent to the person requiring it. |
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Register of interests disclosed |
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615 | Register of interests disclosed |
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(1) | The company must keep a register of information received by it in pursuance |
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of a requirement imposed under section 606 (notice requiring information |
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about interests in company’s shares). |
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(2) | A company which receives any such information must, within three days of the |
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receipt, enter in the register— |
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(a) | the fact that the requirement was imposed and the date on which it was |
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(b) | the information received in pursuance of the requirement. |
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(3) | The information must be entered against the name of the present holder of the |
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shares in question or, if there is no present holder or the present holder is not |
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known, against the name of the person holding the interest. |
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(4) | The register must be made up so that the entries against the names entered in |
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it appear in chronological order. |
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(5) | If default is made in complying with this section an offence is committed by— |
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(b) | every officer of the company who is in default. |
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(6) | A person guilty of an offence under this section is liable on summary |
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conviction to a fine not exceeding level 3 on the standard scale and, for |
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continued contravention, a daily default fine not exceeding one-tenth of level |
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(7) | The company is not by virtue of anything done for the purposes of this section |
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affected with notice of, or put upon inquiry as to, the rights of any person in |
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616 | Register to be kept available for inspection |
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(1) | The register kept under section 615 (register of interests disclosed) must be |
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kept available for inspection at the company’s registered office or at the place |
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where the company’s register of members is kept. |
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(2) | A company must give notice to the registrar of companies of the place where |
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the register is kept available for inspection and of any change in that place. |
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(3) | No such notice is required if the register has at all times been kept available for |
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inspection at the company’s registered office. |
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(4) | If default is made in complying with subsection (1), or a company makes |
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default for 14 days in complying with subsection (2), an offence is committed |
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(b) | every officer of the company who is in default. |
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(5) | A person guilty of an offence under this section is liable on summary |
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conviction to a fine not exceeding level 3 on the standard scale and in the case |
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of continued contravention to a daily default fine not exceeding one-tenth of |
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level 3 on the standard scale. |
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(1) | Unless the register kept under section 615 (register of interests disclosed) is |
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kept in such a form as itself to constitute an index, the company must keep an |
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index of the names entered in it. |
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(2) | The company must make any necessary entry or alteration in the index within |
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ten days after the date on which any entry or alteration is made in the register. |
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(3) | The index must contain, in respect of each name, a sufficient indication to |
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enable the information entered against it to be readily found. |
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(4) | The index must be at all times kept available for inspection at the same place as |
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(5) | If default is made in complying with this section, an offence is committed by— |
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(b) | every officer of the company who is in default. |
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(6) | A person guilty of an offence under this section is liable on summary |
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conviction to a fine not exceeding level 3 on the standard scale and in the case |
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of continued contravention to a daily default fine not exceeding one-tenth of |
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level 3 on the standard scale. |
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618 | Rights to inspect and require copy of entries |
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(1) | The register required to be kept under section 615 (register of interests |
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disclosed), and any associated index, must be open to inspection by any person |
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(2) | Any person is entitled, on request and on payment of such fee as may be |
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prescribed, to be provided with a copy of any entry in the register. |
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(3) | A person seeking to exercise either of the rights conferred by this section must |
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make a request to the company to that effect. |
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(4) | The request must contain the following information— |
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(a) | in the case of an individual, his name and address; |
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(b) | in the case of an organisation, the name and address of an individual |
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responsible for making the request on behalf of the organisation; |
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(c) | the purpose for which the information is to be used; and |
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(d) | whether the information will be disclosed to any other person, and if |
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(i) | where that person is an individual, his name and address, |
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(ii) | where that person is an organisation, the name and address of |
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an individual responsible for receiving the information on its |
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(iii) | the purpose for which the information is to be used by that |
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619 | Court supervision of purpose for which rights may be exercised |
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(1) | Where a company receives a request under section 618 (register of interests |
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disclosed: right to inspect and require copy), it must— |
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(a) | comply with the request if it is satisfied that it is made for a proper |
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(b) | refuse the request if it is not so satisfied. |
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(2) | If the company refuses the request, it must inform the person making the |
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request, stating the reason why it is not satisfied. |
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(3) | A person whose request is refused may apply to the court. |
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(4) | If an application is made to the court— |
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(a) | the person who made the request must notify the company, and |
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(b) | the company must use its best endeavours to notify any persons whose |
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details would be disclosed if the company were required to comply |
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(5) | If the court is not satisfied that the inspection or copy is sought for a proper |
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purpose, it shall direct that the company not to comply with the request. |
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(6) | If the court makes such a direction and it appears to the court that the company |
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is or may be subject to other requests made for a similar purpose (whether |
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made by the same person or different persons), it may direct that the company |
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is not to comply with any such request. |
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| The order must contain such provision as appears to the court appropriate to |
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identify the requests to which it applies. |
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(7) | If the court does not direct the company not to comply with the request, the |
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company must comply with the request immediately upon the court giving its |
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decision or, as the case may be, the proceedings being discontinued. |
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620 | Register of interests disclosed: refusal of inspection or default in providing |
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(1) | If an inspection required under section 618 (register of interests disclosed: right |
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to inspect and require copy) is refused or default is made in providing a copy |
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required under that section, otherwise than in accordance with an order of the |
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court, an offence is committed by— |
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(b) | every officer of the company who is in default. |
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(2) | A person guilty of an offence under this section is liable on summary |
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conviction to a fine not exceeding level 3 on the standard scale and, for |
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continued contravention, a daily default fine not exceeding one-tenth of level |
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(3) | In the case of any such refusal or default the court may by order compel an |
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immediate inspection or, as the case may be, direct that the copy required be |
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sent to the person requesting it. |
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621 | Register of interests disclosed: offences in connection with request for or |
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disclosure of information |
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(1) | It is an offence for a person knowingly or recklessly to make in a request under |
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section 618 (register of interests disclosed: right to inspect or require copy) a |
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statement that is misleading, false or deceptive in a material particular. |
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(2) | It is an offence for a person in possession of information obtained by exercise |
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of either of the rights conferred by that section— |
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(a) | to do anything that results in the information being disclosed to |
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(b) | to fail to do anything with the result that the information is disclosed to |
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| knowing or having reason to suspect that person may use the information for |
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a purpose that is not a proper purpose. |
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(3) | A person guilty of an offence under this section is liable— |
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(a) | on conviction on indictment, to imprisonment for a term not exceeding |
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two years or a fine (or both); |
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(b) | on summary conviction— |
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(i) | in England and Wales, to imprisonment for a term not |
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exceeding twelve months or to a fine not exceeding the |
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statutory maximum (or both); |
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(ii) | in Scotland or Northern Ireland, to imprisonment for a term not |
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exceeding six months, or to a fine not exceeding the statutory |
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