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Part 1 E+W+N.I.Legal aid

SupplementaryE+W+N.I.

36MisrepresentationE+W

(1)This section applies where a person—

(a)intentionally fails to comply with a requirement imposed by or under this Part to provide documents or information, or

(b)in providing documents or information in accordance with such a requirement, makes a statement or representation knowing or believing it to be false.

(2)The person is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3)Proceedings in respect of an offence under this section may (despite anything in the Magistrates' Courts Act 1980) be brought at any time within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to justify a prosecution comes to the prosecutor's knowledge.

(4)Subsection (3) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.

(5)[F1The county court] is to have jurisdiction to hear and determine an action brought by the Lord Chancellor to recover loss sustained by reason of—

(a)the failure by a person to comply with a requirement imposed by or under this Part to provide documents or information, or

(b)a false statement or false representation made by a person in providing documents or information in accordance with such a requirement.

Textual Amendments

F1Words in s. 36(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)