(b) section 5 of the Perjury Act 1911 (false statements made otherwise than on oath);
(c) section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath);
(d) Article 10 of the Perjury (Northern Ireland) Order 1979 ( S.I. 1979/1714 (N.I. 19)) (false statutory declarations and other false unsworn statements).
(8) An oral or written statement provided by a person in response to a request for information made by a decision-maker, an interface body or an enforcer in accordance with regulations under this Part may not be used in evidence against that person on a prosecution for an offence (other than an offence under regulations made under this Part) unless in the proceedings—
(a) in giving evidence the person provides information inconsistent with the statement, and
(b) evidence relating to the statement is adduced, or a question relating to it is asked, by that person or on that person’s behalf.
(9) In this section, “ justice ” means—
(a) in England and Wales, a justice of the peace,
(b) in Scotland, a sheriff or summary sheriff, and
(c) in Northern Ireland, a lay magistrate.
I17 S. 9 in force at Royal Assent for specified purposes, see s. 142(1)(2) (h)
I18 S. 9 in force at 20.8.2025 in so far as not already in force by S.I. 2025/904 , reg. 2(a)
10 Financial penalties U.K.
(1) This section is about provision that regulations under this Part conferring power on an enforcer to impose a financial penalty may or must (among other things) contain.
(2) The regulations must provide for the amount of a financial penalty to be—
(a) a specified amount or an amount determined in accordance with the regulations, or
(b) an amount not exceeding such an amount,
unless section 16 confers power to provide otherwise.
(3) The regulations must include provision—
(a) requiring an enforcer to produce guidance about how the enforcer proposes to exercise any discretion to determine the amount of a financial penalty and to have regard to such guidance in exercising its discretion;
(b) requiring an enforcer to publish the guidance;
(c) requiring an enforcer, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;
(d) ensuring that the person is given an opportunity to make representations about the proposed financial penalty;
(e) requiring the enforcer, after the period for making representations, to decide whether to impose the financial penalty;
(f) requiring the enforcer, if they decide to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;
(g) enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations;