Part III Other functions of the Commission and the Council
The Commission
48 Information powers: enforcement.
1
A person commits an offence if, without reasonable excuse, he fails to do anything required of him by a notice under section 47.
2
A person commits an offence if he intentionally obstructs or delays any person in the exercise of his powers under section 47(3).
3
A person who commits an offence under subsection (1) or (2) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
A person commits an offence if he—
a
intentionally alters, suppresses or destroys any document which he has been required to produce by a notice under section 47, or
b
in supplying any information required of him by a notice under section 47, makes any statement which he knows to be false in a material particular or recklessly makes any statement which is false in a material particular.
5
A person who commits an offence under subsection (4) shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum,
b
on conviction on indictment, to a fine.
6
If a person makes default in complying with a notice under section 47, the court may, on the application of the Commission, make such order as the court considers appropriate for requiring the default to be made good.
7
Any such order may, in particular, provide that all the costs or expenses of and incidental to the application shall be borne—
a
by the person in default, or
b
if officers of a company or other association are responsible for its default, by those officers.
8
The reference in this section to the production of a document includes a reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form; and the reference to suppressing a document includes a reference to destroying the means of reproducing information recorded otherwise than in legible form.
9
In this section “the court”—
a
in relation to England and Wales or Northern Ireland, means the High Court, and
b
in relation to Scotland, means the Court of Session.