108False and misleading information(1)

A person who is required by any provision of this Act or regulations made under it to record or keep any information commits an offence if the person includes in that information any information that the person knows to be false in a material respect.

(2)

A person guilty of an offence under subsection (1) is liable on summary conviction, or on conviction on indictment, to a fine.

(3)

A person commits an offence if—

(a)

the person gives false or misleading information in any of the circumstances mentioned in subsection (4), and

(b)

the person either—

(i)

knows that the information is false or misleading, or

(ii)

is reckless as to whether it is false or misleading.

(4)

The circumstances are that the person—

(a)

gives the information to a building safety authority, a fire safety authority or any other person in purported compliance with a requirement imposed by or under this Act or regulations made under it;

(b)

gives the information to a building safety authority in or in connection with—

(i)

an application to the authority under any provision of this Act or regulations made under it, or

(ii)

a request for a review of a reviewable decision under section 64;

(c)

gives the information to an enforcing authority or an authorised officer for the purpose of avoiding enforcement action being taken or continued by either of them.

(5)

In subsection (4)(c) “enforcement action” means—

(a)

action taken with a view to, or in connection with—

(i)

securing compliance with a requirement imposed by or under this Act or regulations made under it, or

(ii)

the imposition of a sanction in respect of a contravention of such a requirement;

(b)

action consisting of, or in connection with, the giving of a prohibition notice.

(6)

A person guilty of an offence under subsection (3) is liable—

(a)

on summary conviction, to a fine or imprisonment for a term not exceeding the applicable limit under section 224(1A)(b) of the Sentencing Code, or both;

(b)

on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years, or both.