|
| |
| |
| |
3 (1) | Provisions in or having effect under section 260 or this Schedule which |
| |
impose prohibitions, restrictions or obligations apply to— |
| |
(a) | persons in the United Kingdom, |
| |
(b) | persons on board any British ship or aircraft (other than an excepted |
| 5 |
ship or aircraft within the meaning of sub-paragraph (2)), and |
| |
(c) | persons (wherever they are) who are ordinarily resident in the |
| |
| |
| |
(ii) | British overseas territories citizens, |
| 10 |
(iii) | British Overseas citizens, |
| |
(iv) | British subjects under the British Nationality Act 1981 (c. 61), |
| |
(v) | British Nationals (Overseas) (within the meaning of that Act), |
| |
| |
(vi) | British protected persons (within the meaning of that Act). |
| 15 |
(2) | In sub-paragraph (1)— |
| |
“British aircraft” means an aircraft registered in— |
| |
(a) | any part of Her Majesty’s dominions, |
| |
(b) | any country outside Her Majesty’s dominions in which Her |
| |
Majesty has jurisdiction, |
| 20 |
(c) | any country consisting partly of one or more colonies and |
| |
partly of one or more countries mentioned in paragraph (b), |
| |
“excepted ship or aircraft” means a ship or aircraft registered in any |
| |
country listed in Schedule 3 to the British Nationality Act 1981 or in |
| |
any territory administered by the government of any such country, |
| 25 |
other than a ship or aircraft at the disposal of, or chartered by or on |
| |
behalf of, Her Majesty’s Government in the United Kingdom. |
| |
False documents and false statements |
| |
4 (1) | A person must not, with intent to deceive— |
| |
(a) | use any document issued for the purposes of section 260 or this |
| 30 |
Schedule or of any order made under that section, |
| |
(b) | have in his possession any document so closely resembling a |
| |
document mentioned in paragraph (a) as to be calculated to deceive, |
| |
| |
(c) | produce, furnish, send or otherwise make use of for purposes |
| 35 |
connected with that section or this Schedule or any order or direction |
| |
made or given under that section, any book, account, estimate, |
| |
return, declaration or other document which is false in a material |
| |
| |
(2) | A person must not, in furnishing any information for the purposes of section |
| 40 |
260 or this Schedule or of any order made under that section— |
| |
(a) | make a statement which he knows to be false in a material particular, |
| |
| |
(b) | recklessly make a statement which is false in a material particular. |
| |
| |
| |
|
| |
| |
Restrictions on disclosing information |
| |
5 | No person who obtains any information by virtue of section 260 or this |
| |
Schedule may, otherwise than in connection with the execution of that |
| |
section or this Schedule or of an order made under that section, disclose that |
| |
| 5 |
(a) | for the purposes of any criminal proceedings, or of a report of any |
| |
| |
(b) | with permission granted by or on behalf of a Minister of the Crown. |
| |
6 | Paragraph 5 does not apply if— |
| |
(a) | the person who has obtained any such information as is referred to |
| 10 |
in that paragraph is, or is acting on behalf of a person who is, a public |
| |
authority for the purposes of the Freedom of Information Act 2000 |
| |
| |
(b) | the information is not held by the public authority on behalf of |
| |
| 15 |
| |
7 (1) | Where an offence under section 260 or this Schedule committed by a body |
| |
| |
(a) | to have been committed with the consent or connivance of any |
| |
director, manager, secretary of other similar officer of the body |
| 20 |
corporate, or a person purporting to act in any such capacity, or |
| |
(b) | to be attributable to any neglect on the part of such a person, |
| |
| that person, as well as the body corporate, is guilty of the offence and liable |
| |
to be proceeded against and punished accordingly. |
| |
(2) | “Director”, in relation to a body corporate— |
| 25 |
(a) | established by or under any enactment for the purpose of carrying on |
| |
under national ownership any industry or part of an industry or |
| |
| |
(b) | whose affairs are managed by its members, |
| |
| means a member of that body corporate. |
| 30 |
| |
8 (1) | A person who contravenes or fails to comply with— |
| |
(a) | an order made under section 260, |
| |
(b) | a direction given or requirement imposed under that section, or |
| |
(c) | a provision of this Schedule, |
| 35 |
| |
(2) | Sub-paragraph (1) does not apply if the contravention or failure is an offence |
| |
under paragraph 9(3) or 10(5). |
| |
(3) | A person guilty of an offence under sub-paragraph (1) is— |
| |
(a) | on summary conviction, liable to imprisonment for a term not |
| 40 |
exceeding twelve months or to a fine not exceeding the prescribed |
| |
| |
(b) | on conviction on indictment, liable to imprisonment for a term not |
| |
exceeding two years or to a fine, or to both. |
| |
| |
| |
|
| |
| |
(4) | Sub-paragraph (3) is subject to paragraph 11. |
| |
| |
9 (1) | For the purposes of— |
| |
(a) | securing compliance with any order made or direction given under |
| |
section 260 by or on behalf of the Secretary of State, or |
| 5 |
(b) | verifying any estimates, returns or information furnished to the |
| |
Secretary of State in connection with section 260 or any order made |
| |
or direction given under that section, |
| |
| an officer of the Secretary of State duly authorised in that behalf has power, |
| |
on producing (if required to do so) evidence of his authority, to require any |
| 10 |
person carrying on an undertaking or employed in connection with an |
| |
undertaking to produce to that officer forthwith any documents relating to |
| |
the undertaking which that officer may reasonably require for the purposes |
| |
| |
(2) | The power conferred by this paragraph to require any person to produce |
| 15 |
documents includes power— |
| |
(a) | if the documents are produced, to take copies of them or extracts |
| |
from them and to require that person, or where that person is a body |
| |
corporate, any other person who is a present or past officer of, or is |
| |
employed by, the body corporate, to provide an explanation of any |
| 20 |
| |
(b) | if the documents are not produced, to require the person who was |
| |
required to produce them to state, to the best of his knowledge and |
| |
| |
(3) | If any requirement to produce documents or provide an explanation or |
| 25 |
make a statement which is imposed by virtue of this paragraph is not |
| |
complied with, the person on whom the requirement was so imposed is |
| |
guilty of an offence and liable on summary conviction to a fine not exceeding |
| |
level 3 on the standard scale. |
| |
(4) | Sub-paragraph (3) is subject to paragraph 11. |
| 30 |
(5) | Where a person is charged with such an offence in respect of a requirement |
| |
to produce any document, it is a defence to prove that it was not in his |
| |
possession or under his control and that it was not reasonably practicable for |
| |
him to comply with the requirement. |
| |
10 (1) | A justice of the peace may issue a warrant under this paragraph if he is |
| 35 |
satisfied, on information on oath laid on the Secretary of State’s behalf, that |
| |
there are any reasonable grounds for suspecting that there are on any |
| |
| |
(a) | of which production has been required by virtue of paragraph 9, and |
| |
(b) | which have not been produced in compliance with that requirement. |
| 40 |
(2) | A warrant so issued may authorise any constable, together with any other |
| |
persons named in the warrant and any other constables to— |
| |
(a) | enter the premises specified in the information (using such force |
| |
as is reasonably necessary for the purpose), and |
| |
(b) | search the premises and take possession of any documents |
| 45 |
appearing to be such documents as are mentioned above, or to take |
| |
in relation to any documents so appearing any other steps which |
| |
| |
| |
|
| |
| |
may appear necessary for preserving them and preventing |
| |
| |
(3) | Each warrant issued under this paragraph continues in force until the end of |
| |
the period of one month after the date on which it is issued. |
| |
(4) | Any documents of which possession is taken under this paragraph may be |
| 5 |
| |
(a) | for a period of three months, or |
| |
(b) | if within that period proceedings to which they are relevant are |
| |
commenced for an offence under section 260 or this Schedule, until |
| |
the conclusion of those proceedings. |
| 10 |
(5) | A person is guilty of an offence, and liable on summary conviction to a fine |
| |
not exceeding level 3 on the standard scale, if he obstructs the exercise of— |
| |
(a) | any right of entry or search conferred by virtue of a warrant under |
| |
| |
(b) | any rights so conferred to take possession of any documents. |
| 15 |
(6) | Sub-paragraph (5) is subject to paragraph 11. |
| |
Penalties for offences: transitional modification for England and Wales |
| |
11 (1) | In relation to an offence committed in England and Wales before the |
| |
commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44) |
| |
(general limit on magistrates’ courts power to impose imprisonment) |
| 20 |
paragraph 8(3) has effect as if for “twelve months” there were substituted |
| |
| |
(2) | In relation to an offence committed in England and Wales before the |
| |
commencement of section 280 of the Criminal Justice Act 2003 (alteration of |
| |
penalties for specified summary offences) paragraphs 9(3) and 10(5) have |
| 25 |
effect as if “to imprisonment for a term not exceeding three months or” were |
| |
inserted after “conviction”. |
| |
| |
| |
|
