Page:Mental Capacity Act 2008.pdf/31

32 (6) Any person who fails to comply with any requirement specified under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part thereof during which the offence continues after conviction.

(7) If a person is charged with an offence for failing to comply with any requirement specified under subsection (1), it shall be a defence for him to prove that he had a reasonable excuse for failing to comply with such requirement.

(8) Any person who—
 * (a) knowingly or recklessly furnishes to the Public Guardian or an authorised officer any information or document which is false or misleading in a material particular; or
 * (b) wilfully alters, suppresses, conceals or destroys any document or any part of such document which he is or may be required to furnish under this Act,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

(9) Nothing in this section shall—
 * (a) compel a professional legal adviser to disclose or produce a privileged communication, or a document or other material containing a privileged communication, made by or to him in that capacity; or
 * (b) authorise the taking of any such document or other material which is in his possession.

(10) Subject to subsection (11), the Public Guardian may disclose to another public officer any information received by him under or for the purposes of this Act, where the disclosure is made for any purpose —
 * (a) connected with the discharge of the functions of the Public Guardian; and
 * (b) of enabling or assisting that other public officer to discharge any of his functions.