Part 5Miscellaneous
Chapter 1Competition in connection with motor fuel
315Offences etc
Destroying or falsifying information
(1)
A person (“P”) commits an offence if, having been required to give information to the CMA under section 311, P—
(a)
intentionally or recklessly destroys or otherwise disposes of it, falsifies or conceals it, or
(b)
causes or permits its destruction, disposal, falsification or concealment.
False or misleading information
(2)
A person (“P”) commits an offence if—
(a)
P gives information to the CMA in connection with an information notice under section 311,
(b)
the information is false or misleading in a material particular, and
(c)
P knows that it is or is reckless as to whether it is.
(3)
A person (“P”) commits an offence if P gives information to another person which is false or misleading in a material particular and P—
(a)
either—
(i)
knows the information to be false or misleading in a material particular, or
(ii)
is reckless as to whether the information is false or misleading in a material particular, and
(b)
knows that the information will be given to the CMA in connection with an information notice under that section.
Sentences
(4)
A person guilty of an offence under this section is liable—
(a)
on summary conviction in England and Wales, to a fine;
(b)
on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum;
(c)
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Offences by officers of a body corporate etc
(5)
If an offence under this section committed by a body corporate is proved—
(a)
to have been committed with the consent or connivance of an officer of the body corporate, or
(b)
to be attributable to neglect on the part of an officer of the body corporate,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(6)
If the affairs of a body corporate are managed by its members, subsection (5) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were an officer of the body corporate.
(7)
If an offence under this section committed by a partnership in Scotland is proved—
(a)
to have been committed with the consent or connivance of a partner, or
(b)
to be attributable to neglect on the partner’s part,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
(8)
In subsection (7), “partner” includes a person purporting to act as a partner.