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40(1)Each report delivered under paragraph 39 must be accompanied by a declaration which complies with sub-paragraph (2) and is signed by the responsible person.
(2)The declaration must state—
(a)that the responsible person has examined the report, and
(b)that to the best of the responsible person’s knowledge and belief, it is a complete and correct report as required by law.
(3)A person commits an offence if—
(a)the person knowingly or recklessly makes a false declaration under this paragraph, or
(b)sub-paragraph (1) is contravened at a time when the person is the responsible person in the case of the permitted participant to which the report relates.
(4)A person guilty of an offence under sub-paragraph (3) is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine, or to both;
(b)on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine, or to both;
(c)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
(d)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;
(e)on summary conviction in Gibraltar, to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the Gibraltar standard scale, or to both.
(5)The reference in sub-paragraph (4)(b) to 12 months is to be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003.
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