Part 8 E+W Enforcement

Sanctions and offences etc E+W

78 Offences E+W

Destroying or falsifying information

(1) A person commits an offence if the person—

(a) intentionally or recklessly destroys or otherwise disposes of relevant information,

(b) falsifies or conceals relevant information, or

(c) causes or permits the destruction, disposal, falsification or concealment of relevant information.

(2) In subsection (1), “relevant information” means information the person is required, under or by virtue of this Act, to give to—

(a) the IFR, or

(b) an expert reporter appointed under section 66.

False or misleading information

(3) A person commits an offence if—

(a) the person gives information to—

(i) the IFR in connection with any of its functions under this Act, or

(ii) an expert reporter appointed under section 66 in connection with the preparation of a report under that section,

(b) the information is false or misleading in a material particular, and

(c) the person knows or is reckless as to whether that is the case.

(4) A person commits an offence if the person gives information to another person which is false or misleading in a material particular and the person—

(a) knows that the information is false or misleading in a material particular or is reckless as to whether that is the case, and

(b) knows that the information will be given to—

(i) the IFR in connection with any of its functions under this Act, or

(ii) an expert reporter appointed under section 66 in connection with the preparation of a report under that section.

Obstruction

(5) A person commits an offence if the person intentionally obstructs an officer of the IFR acting in the exercise of the officer’s powers under a warrant issued under paragraph 3 of Schedule 8.

Penalties

(6) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both;

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

Interaction with sanctions under section 75

(7) A person may not be found guilty of an offence under this section by virtue of an act or omission if the IFR has taken action under Schedule 9 in relation to the person in relation to that act or omission.

Commencement Information

I1 S. 78 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I2 S. 78 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(c)(iii)