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Offences |
| False representations. |
101. - (1) A person is guilty of an offence if, with a view to obtaining support for himself or any other person under any provision made by or under this Part, he-
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(a) makes a statement or representation which he knows is false in a material particular; |
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(b) produces or gives to a person exercising functions under this Part, or knowingly causes or allows to be produced or given to such a person, any document or information which he knows is false in a material particular; |
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(c) fails, without reasonable excuse, to notify a change of circumstances when required to do so in accordance with any provision made by or under this Part; or |
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(d) without reasonable excuse, knowingly causes another person to fail to notify a change of circumstances which that other person was required to notify in accordance with any provision made by or under this Part. |
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(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or to both.
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| Dishonest representations. |
102. - (1) A person is guilty of an offence if, with a view to obtaining any benefit or other payment or advantage under this Part for himself or any other person, he dishonestly-
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(a) makes a statement or representation which is false in a material particular; |
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(b) produces or gives to a person exercising functions under this Part, or causes or allows to be produced or given to such a person, any document or information which is false in a material particular; |
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(c) fails to notify a change of circumstances when required to do so in accordance with any provision made by or under this Part; or |
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(d) causes another person to fail to notify a change of circumstances which that other person was required to notify in accordance with any provision made by or under this Part. |
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(2) A person guilty of an offence under this section is liable-
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(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or |
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(b) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both. |
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(3) In the application of this section to Scotland, in subsection (1) for "dishonestly" substitute "knowingly".
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| Delay or obstruction. |
103. - (1) A person is guilty of an offence if, without reasonable excuse, he-
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(a) intentionally delays or obstructs a person exercising functions conferred by or under this Part; or |
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(b) refuses or neglects to answer a question, give any information or produce a document when required to do so in accordance with any provision made by or under this Part. |
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(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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| Failure of sponsor to maintain. |
104. - (1) A person is guilty of an offence if, during any period in respect of which he has given a written undertaking in pursuance of the immigration rules to be responsible for the maintenance and accommodation of another person-
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(a) he persistently refuses or neglects to maintain that person in accordance with the undertaking; and |
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(b) in consequence of his refusal or neglect, support under any provision made by or under this Part is provided for or in respect of that person. |
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(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale, or to both.
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(3) For the purposes of this section, a person is not to be taken to have refused or neglected to maintain another person by reason only of anything done or omitted in furtherance of a trade dispute.
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| Supplemental. |
105. - (1) If an offence under section 101, 102, 103 or 104 committed by a body corporate is proved-
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(a) to have been committed with the consent or connivance of an officer, or |
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(b) to be attributable to neglect on his part, |
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the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
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(2) "Officer", in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity.
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(3) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
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(4) If an offence under section 101, 102, 103 or 104 committed by a partnership in Scotland is proved-
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(a) to have been committed with the consent or connivance of a partner, or |
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(b) to be attributable to neglect on his part, |
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the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
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(5) "Partner" includes a person purporting to act as a partner.
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