Schedule 2Scottish Pubs Code Adjudicator

Part 2Powers

Chapter 1Power to require information

Offence of failing to comply with requirement

5

(1)

A person commits an offence if—

(a)

the person intentionally fails to comply with a requirement under paragraph 4 to provide information, and

(b)

the person does not have a reasonable excuse for failing to comply.

(2)

For the purpose of sub-paragraph (1)(a), a person is not to be regarded as having complied with a requirement under paragraph 4 to provide information unless the person provided the information in the way specified in the notice imposing the requirement.

(3)

A person who commits an offence under sub-paragraph (1) is liable, on conviction, to a fine.

(4)

On summary conviction, the fine may not exceed the statutory maximum.