489.The purpose of this section is to require that information that is either held or shared with the enforcement authorities in relation to requirements under this Act, must not be false or misleading and to require that a person responsible for the information is not reckless as to whether it is false or misleading. Accurate information is important in the assessment and management of building safety risks.
490.Subsection (1) provides that it is an offence for a person who has a duty under this Act (or under regulations made under it) to record or keep information, to include in that information any information that the person knows to be false in a material aspect.
491.An offence under subsection (1) may be tried in a magistrates’ court or the Crown court. The court may impose a fine. There is no maximum limit on the amount of the fine.
492.Subsection (3) provides that a person commits an offence if the person gives false or misleading information in any of the circumstances mentioned in subsection (4), and the person either knows that the information is false or misleading or is reckless as to whether it is false or misleading.
493.If a person is found guilty of an offence under subsection (3) in a magistrates’ court, the court may impose a fine or a term of imprisonment, or both. There is no maximum limit on the amount of the fine. The maximum term of imprisonment is 12 months (which is the “applicable limit” set out in section 224(1A) (b) of the Sentencing Code, contained in the Sentencing Act 2020 (c. 17)).
494.If a person is found guilty of an offence under subsection (3) in the Crown court, the court may impose a fine or a term of imprisonment, or both. There is no maximum limit on the amount of the fine. The maximum term of imprisonment is 2 years.
Commentary on Sections Offences Section 108 - False and misleading information