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- Point in Time (01/02/2007)
- Original (As enacted)
Version Superseded: 01/03/2007
Point in time view as at 01/02/2007.
There are currently no known outstanding effects for the Health Act 2006, Cross Heading: Offences.
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(1)A person commits an offence if, without reasonable excuse, he fails to comply with any requirement imposed on him under section 46 or 47.
(2)A person guilty of an offence under subsection (1) is liable on summary conviction—
(a)to imprisonment for a term not exceeding 51 weeks, or
(b)to a fine not exceeding level 3 on the standard scale,
or to both.
(3)If a person is convicted of an offence under subsection (1) in respect of a failure to produce a document and the failure continues after the date of his conviction, the person—
(a)commits a further offence, and
(b)is liable on summary conviction to a fine not exceeding 2% of level 3 on the standard scale for each day on which the failure so continues.
(4)A person commits an offence if, in purported compliance with any requirement imposed on him under section 47—
(a)he makes a statement which is false or misleading, and
(b)he either knows that it is false or misleading or is reckless as to whether it is false or misleading.
“False or misleading” means false or misleading in a material particular.
(5)A person guilty of an offence under subsection (4) is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
(b)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.
Commencement Information
I1S. 52 in force at 1.2.2007 for W. by S.I. 2007/204, art. 3(b)
(1)A person commits an offence if he fails to comply with section 50(2) or (5) or section 51(2).
(2)A person guilty of an offence under subsection (1) is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both;
(b)on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding the statutory maximum, or to both.
(3)It is a defence for a person charged with an offence under subsection (1) in respect of a disclosure of information to prove that at the time of the alleged offence—
(a)any of the circumstances in subsection (4) applied, or
(b)he reasonably believed that they applied.
(4)The circumstances referred to in subsection (3) are—
(a)that the disclosure was lawful,
(b)that the information had already been lawfully made available to the public,
(c)that the disclosure was necessary or expedient for the purpose of protecting the welfare of any individual,
(d)that the disclosure was made in a form in which no person to whom the information relates is identified.
(5)Subsection (4)(d) is not satisfied if the identity of any such person can be ascertained either—
(a)from the information itself, or
(b)from that information taken with other information obtained by virtue of section 46 or 47 and disclosed by or on behalf of the appropriate national authority.
Commencement Information
I2S. 53 in force at 1.2.2007 for W. by S.I. 2007/204, art. 3(b)
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