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SCHEDULES

SCHEDULE 5E+W+S PROVISIONS SUPPLEMENTING SECTIONS 15 TO 17

Part IIE+W+S Further Provisions With Respect to Charging Schemes

InformationE+W+S

19(1)Without prejudice to the generality of paragraph 18, a charging scheme may provide for requiring a harbour authority to whom the scheme relates to furnish to the Secretary of State, and if so required to verify, such information as he may require for the purposes of the scheme, being information relating to—E+W+S

(a)any harbour (within the meaning of the M1Harbours Act 1964) which that harbour authority are engaged in improving, maintaining or managing; or

(b)any activities carried on by them at such a harbour; or

(c)any property used by them for the purpose of such a harbour,

and may provide that failure to comply with any such requirement is an offence punishable on summary conviction with a fine not exceeding such sum (not greater than £500) as may be specified in the scheme.

(2)No person shall disclose any information furnished to him in pursuance of a requirement imposed under sub-paragraph (1) except—

(a)with the consent of the person by whom it was furnished; or

(b)in the form of a summary of information so framed as not to enable particulars relating to the businesses of individual persons to be ascertained from it; or

(c)for the purpose of enabling the Secretary of State to discharge his functions under this Part; or

(d)for the purposes of any legal proceedings.

(3)It is an offence for a person—

(a)to make in response to a requirement imposed under sub-paragraph (1) a statement which is false in a material particular and which he knows to be so false;

(b)to disclose any information in contravention of sub-paragraph (2).

(4)An offence under sub-paragraph (3) is punishable—

(a)on summary conviction with imprisonment for a term not exceeding six months, or a fine not exceeding the prescribed sum (within the meaning of section 32 of the M2Magistrates’ Courts Act 1980 or section 289B of the M3Criminal Procedure (Scotland) Act 1975), or both;

(b)on conviction on indictment, with imprisonment for a term not exceeding two years, or a fine, or both.

Marginal Citations