Part V Public Transport
Supplemental
I1E148 Offences by bodies corporate etc.
1
Where an offence under section 40 or 46 committed by a body corporate is committed with the consent or connivance of, or is attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity, he as well as the body corporate is guilty of the offence.
2
In subsection (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where, in Scotland, an offence under section 40 or 46 committed by a partnership or by an unincorporated association other than a partnership is committed with the consent or connivance of, or is attributable to any neglect on the part of, a partner in the partnership or (as the case may be) a person concerned in the management or control of the association, he, as well as the partnership or association, is guilty of the offence.
49 Forgery and false statements.
1
In this section “relevant document” means—
a
a certificate of exemption issued under section 36 or 37;
b
a notice of a kind mentioned in section 36(9)(b) or 37(8)(b);
c
an accessibility certificate; or
d
an approval certificate.
2
A person is guilty of an offence if, with intent to deceive, he—
a
forges, alters or uses a relevant document;
b
lends a relevant document to any other person;
c
allows a relevant document to be used by any other person; or
d
makes or has in his possession any document which closely resembles a relevant document.
3
A person who is guilty of an offence under subsection (2) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
4
A person who knowingly makes a false statement for the purpose of obtaining an accessibility certificate or an approval certificate is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.