20(1)Schedule 1B (enforcement of disclosure requirements in relation to persons with significant control) is amended as follows.U.K.
(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—
13(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).
14(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).
14A(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.
14B(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).”
Commencement Information
I1Sch. 2 para. 20 in force at Royal Assent for specified purposes, see s. 219(1)(2)(b)
I2Sch. 2 para. 20 in force at 4.3.2024 for specified purposes by S.I. 2024/269, reg. 2(z10)