Commentary on Sections Part 1 – Registration of Consultant Lobbyists Section 12: Offences and Section 13: Bodies corporate and Scottish partnerships
48.It is an offence to carry on the business of consultant lobbying without an accurate and up to date register entry. This offence may be committed by an individual or an organisation, as well as by any person engaging in lobbying in the course of the business of that individual or organisation. It is also an offence to fail to supply an information return required under section 5, or information required by an information notice under section 9, or to supply inaccurate or incomplete information. It is a defence to demonstrate that the person exercised all due diligence to avoid committing any of these offences.
49.The offences in section 12 may be tried in either the Magistrates Count or the Crown Court. A person guilty of either offence is liable to a fine not exceeding the statutory maximum on summary conviction (currently £5000) or an unlimited fine if convicted in the Crown Court. When section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the fine on summary conviction in England and Wales will be unlimited.
50.Where an offence is committed by a body corporate, such as a company, then senior individuals within a company (such as directors or managers) or partners of a partnership in Scotland may also be guilty of the offence if the individuals have consented to, planned, or allowed through their neglect the criminal behaviour to take place.