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False statements to auditors.
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35.—(1) An officer or employee of an approved stock exchange or authorised member firm or of an associated undertaking or related undertaking who knowingly or recklessly makes a statement to which this section applies that is misleading, false or deceptive in a material particular shall be guilty of an offence.
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(2) This section applies to any statement made to the auditors of an approved stock exchange or authorised member firm (whether orally or in writing) which conveys, or purports to convey, any information or explanation which they require under this Act, or are entitled so to require, as auditors of the approved stock exchange or authorised member firm.
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(3) An officer or employee of an approved stock exchange or an authorised member firm or an associated undertaking or related undertaking who fails to provide to the auditors of the approved stock exchange or authorised member firm, within such period of time as the auditor, after consultation with the Bank, may specify, being not less than two days (not including a Saturday, a Sunday or a public holiday) from the making of the relevant inquiry, any information or explanations that the auditors require as auditors of the approved stock exchange or authorised member firm and that is within the knowledge of or can be procured by the officer or employee shall be guilty of an offence.
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(4) In a prosecution for an offence under this section, it shall be a defence for the defendant to show that it was not reasonably possible for him to comply with the requirements under subsection (3) of this section to which the offence relates within the time specified in that subsection but that he complied therewith as soon as was reasonably possible after the expiration of such time.
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(5) In this section “officer”, in relation to an associated undertaking or related undertaking of an approved stock exchange or authorised member firm, includes an auditor.
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