SCHEDULES

SCHEDULE 2Abolition of certain local registers

PART 3Register of people with significant control

I1I220

1

Schedule 1B (enforcement of disclosure requirements in relation to persons with significant control) is amended as follows.

2

In each of the following provisions, for “or 790E” substitute “, 790DA, 790E or 790EA

a

paragraph 1(1)(a) and (3)(a);

b

paragraph 8(3)(a);

c

paragraph 11(a) and (b);

d

paragraph 12(2)(b).

3

For paragraphs 13 and 14 substitute—

13Offence of failing to comply with notices

1

A person to whom a notice under section 790D, 790DA, 790E or 790EA is addressed commits an offence if the person fails, without reasonable excuse, to comply with the notice.

2

Where the person is a legal entity, the offence is also committed by every officer of the entity who is in default.

3

A person guilty of an offence under this paragraph is liable—

a

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

b

on summary conviction—

i

in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

ii

in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

iii

in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).

14Offence of failing to provide information

1

A person commits an offence if the person fails, without reasonable excuse, to comply with a duty under section 790G, 790H or 790HA.

2

Where the person is a legal entity, the offence is also committed by every officer of the entity who is in default.

3

A person guilty of an offence under this paragraph is liable—

a

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

b

on summary conviction—

i

in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

ii

in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

iii

in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).

14AFalse statements: basic offence

1

A person commits an offence if, in purported compliance with a notice under section 790D, 790DA, 790E or 790EA or in purported compliance with a duty imposed by section 790G, 790H or 790HA, and without reasonable excuse, the person makes a statement that is misleading, false or deceptive in a material particular.

2

Where the person is a legal entity, the offence is also committed by every officer of the entity who is in default.

3

A person guilty of an offence under this paragraph is liable on summary conviction—

a

in England and Wales, to a fine;

b

in Scotland, to a fine not exceeding level 5 on the standard scale;

c

in Northern Ireland, to a fine not exceeding level 5 on the standard scale.

14BFalse statements: aggravated offence

1

A person commits an offence if, in purported compliance with a notice under section 790D, 790DA, 790E or 790EA or in purported compliance with a duty imposed by section 790G, 790H or 790HA, the person makes a statement that the person knows is misleading, false or deceptive in a material particular.

2

Where the person is a legal entity, the offence is also committed by every officer of the entity who is in default.

3

A person guilty of an offence under this paragraph is liable—

a

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

b

on summary conviction—

i

in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine (or both);

ii

in Scotland, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum (or both);

iii

in Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum (or both).