Finance Act 2012

Valid from 17/07/2012

Valid from 01/04/2013

Offence of concealment etc in connection with file access noticeU.K.

21(1)A person (“P”) commits an offence if P—U.K.

(a)conceals, destroys or otherwise disposes of a required document, or

(b)arranges for the concealment, destruction or disposal of a required document.

(2)A “required document” is a document within sub-paragraph (3) or sub-paragraph (4).

(3)A document is within this sub-paragraph if at the time when P acts—

(a)P is required to provide the document by a file access notice, and

(b)either—

(i)the notice has not been complied with, or

(ii)it has been complied with, but P has been notified in writing by an officer of Revenue and Customs that P must continue to preserve the document (and the notification has not been withdrawn).

(4)A document is within this sub-paragraph if at the time when P acts—

(a)P is not required to provide the document by a file access notice,

(b)P has been informed by an officer of Revenue and Customs that P will be or is likely to be so required, and

(c)no more than 6 months have elapsed since P was, or was last, so informed.

(5)A person guilty of an offence under this paragraph is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum, and

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