(1)Any person who, for the purpose of procuring a particular decision in relation to the making or otherwise of an order under section 1 to which section 11(8) applies—
(a)knowingly or recklessly makes a statement which is false or misleading in a material particular,
(b)with intent to deceive, uses any document which is false or misleading in a material particular or
(c)with intent to deceive, withholds any material information,
commits an offence.
(2)A person who commits an offence under subsection (1) shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to a fine.
(3)No act or omission of the Crown constitutes an offence under this section.
(4)The Court of Session may, on the application of the Scottish Ministers, the chief constable or any other public body or office-holder having responsibility for enforcing the provision, declare unlawful any act or omission of the Crown which would but for subsection (3) have constituted an offence under this section.
(5)Despite subsection (3), this section applies to a person in the public service of the Crown as it applies to other persons.]
Textual Amendments