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Electricity Act 1989

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Changes over time for: Cross Heading: Defaults in relation to evidence

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Electricity Act 1989, Cross Heading: Defaults in relation to evidence is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1Defaults in relation to evidenceU.K.

10.(1)If a person (“the defaulter”)—U.K.

(a)fails to comply with a notice issued or other requirement imposed under paragraph 6, 7 or 8;

(b)in complying with a notice under paragraph 8, makes a statement that is false in any material particular; or

(c)in providing information verified in accordance with a statement of truth required by appeal rules, provides information that is false in a material particular,

[F2an authorised member of the CMA] may certify the failure, or the fact that such a false statement has been made or such false information has been given, to the High Court or the Court of Session.

(2)The High Court or Court of Session may inquire into a matter certified to it under this paragraph; and if, after having heard—

(a)any witness against or on behalf of the defaulter; and

(b)any statement in the defaulter’s defence,

it is satisfied that the defaulter did, without reasonable excuse, fail to comply with the notice or other requirement, or made the false statement, or gave the false information, that court may punish that defaulter as if the person had been guilty of contempt of court.

(3)Where the High Court or Court of Session has power under this paragraph to punish a body corporate for contempt of court, it may so punish any director or other officer of that body (either instead of or as well as punishing the body).

(4)A person who wilfully alters, suppresses or destroys a document that that person has been required to produce under paragraph 6 is guilty of an offence and shall be liable—

(a)on summary conviction, to—

(i)in England and Wales, a fine not exceeding the statutory maximum, and

(ii)in Scotland, a fine not exceeding £5,000;

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

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