Compensation Act 2006 (c. 29)

Part 2 E+W Claims Management Services

11 Pretending to be authorised, &c. E+W

(1) A person commits an offence if he falsely holds himself out as being—

(a) an authorised person,

(b) an exempt person, or

(c) the subject of a waiver in accordance with regulations under section 9.

(2) A person commits an offence if—

(a) he offers to provide regulated claims management services, and

(b) provision by him of those services would constitute an offence under this Part.

(3) For the purposes of subsection (2) a person offers to provide services if he—

(a) makes an offer to a particular person or class of person,

(b) makes arrangements for an advertisement in which he offers to provide services, or

(c) makes arrangements for an advertisement in which he is described or presented as competent to provide services.

(4) A person who is guilty of an offence under subsection (1) or (2) shall be liable—

(a) on conviction on indictment—

(i) to imprisonment for a term not exceeding two years,

(ii) to a fine, or

(iii) to both, or

(b) on summary conviction—

(i) to imprisonment for a term not exceeding [F1 12 months]F1 ,

(ii) to a fine not exceeding [F2 the statutory maximum]F2 , or

(iii) to both.

(5) Where a person commits an offence under this section by causing material to be displayed or made accessible, he shall be treated as committing the offence on each day during any part of which the material is displayed or made accessible.

[F3 (6) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 the reference in subsection (4)(b)(i) to 12 months is to be read as a reference to 6 months.F3 ]

Textual Amendments

F1 Words in s. 11(4)(b)(i) substituted (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 187, 211, Sch. 19 para. 8(2)(a) (with ss. 29, 192, 193); S.I. 2008/222, art. 2(l)

F2 Words in s. 11(4)(b)(ii) substituted (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 187, 211, Sch. 19 para. 8(2)(b) (with ss. 29, 192, 193); S.I. 2008/222, art. 2(l)

F3 S. 11(6) substituted (7.3.2008) by Legal Services Act 2007 (c. 29), ss. 187, 211, Sch. 19 para. 8(3) (with ss. 29, 192, 193); S.I. 2008/222, art. 2(l)