(1)A person who—
(a)knowingly makes, in a relevant document, an entry or statement which is false in a material particular; or
(b)with intent to deceive, makes use of any such entry or statement knowing it to be false,
shall be guilty of an offence.
(2)For the purposes of subsection (1) above, a “relevant document”—
(a)is—
(i)an application under this Act;
(ii)a document accompanying any such application; or
(iii)any other document required or authorised to be granted, prepared, sent or given for any of the purposes of this Act; but
(b)does not include—
(i)a nomination of a named person in accordance with section 250(2) of this Act;
F1(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)an advance statement.
(3)A person guilty of an offence under this section shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.
Textual Amendments
F1S. 318(2)(b)(ii) repealed (30.6.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 22(3), 61(2); S.S.I. 2017/197, art. 2, sch. (with arts. 13-15)
Commencement Information
I1S. 318 in force at 5.10.2005 by S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)