Part 6

Cartel offence

Criminal investigations by OFT

Offences
201
1
Any person who without reasonable excuse fails to comply with a requirement imposed on him under section 193 or 194 is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
2
A person who, in purported compliance with a requirement under section 193 or 194—
a
makes a statement which he knows to be false or misleading in a material particular; or
b
recklessly makes a statement which is false or misleading in a material particular,
is guilty of an offence.
3
A person guilty of an offence under subsection (2) is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both; and
b
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.
4
Where any person—
a
knows or suspects that an investigation by the Serious Fraud Office or the CMA into an offence under section 188 is being or is likely to be carried out; and
b
falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of documents which he knows or suspects are or would be relevant to such an investigation,
he is guilty of an offence unless he proves that he had no intention of concealing the facts disclosed by the documents from the persons carrying out such an investigation.
5
A person guilty of an offence under subsection (4) is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine or to both; and
b
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.
6
A person who intentionally obstructs a person in the exercise of his powers under a warrant issued under section 194 is guilty of an offence and liable—
a
on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both; and
b
on summary conviction, to a fine not exceeding the statutory maximum.
Word in s. 201(4)(a) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 216 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)