Part 4: The Health Services Safety Investigations Body Investigatory Powers etc Section 121: Offences relating to investigations
This section creates new criminal offences for intentionally obstructing an investigator in the performance of functions conferred under section 118 (power of entry, inspection and seizure), or failing to comply with a notice under section 119 without a reasonable excuse. For example, if an individual intentionally obstructed an inspector from entering and inspecting premises in England, this would be an offence. If a notice under section 119 required a person to attend an interview at a given time and place, and they did not do so (without reasonable excuse), this would be an offence.
	It is also a criminal offence to knowingly (or suspectingly) provide false or misleading information to the HSSIB, for the purposes of its investigation function, under section 121(2). This could include providing information to an investigator as part of the investigation of a qualifying incident. But if a person discovers falsified or misleading information which they want to disclose to the HSSIB, they can do so, provided that they explain that they think the information is false. They would also need to demonstrate that they reasonably believed the information would help the HSSIB in carrying out its investigation function. If so, this would constitute a defence.
	If a person relies on this defence, and there is evidence which raises issues with the defence, the court must presume that the defence is satisfied, until the prosecution proves beyond reasonable doubt that it is not.
	Section 121(5) sets out that a person who commits any of the offences will be liable on summary conviction to a fine set by the courts. Persons in the public service of the Crown are not exempt from the offence of intentionally obstructing an investigator in the performance of their functions or being liable upon summary conviction to a fine.